Cultural Objects (Protection from Seizure) Bill

Lord Parkinson of Whitley Bay Excerpts

2nd reading
Friday 18th March 2022 Lords Chamber

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

My Lords, I thank my esteemed predecessor and noble friend Lord Vaizey of Didcot for bringing forward this Bill which, as he said, was successfully taken through another place by our right honourable friend the Member for Central Devon, Mel Stride. I also take this opportunity to congratulate my noble friend on his recent appointment as a trustee of the Tate, one of the most important institutions in this country and a principal user of immunity from seizure protection. I am very grateful to him for his absolutely correct words of praise for officials at DCMS, not least the team which has been working on this Bill. We are very lucky to have their support on this legislation and all the other matters with which we deal.

It is a great pleasure to very warmly congratulate and welcome my noble friend Lord Strathcarron to his place in your Lordships’ House. Often maiden speeches show some ingenuity to bring to bear the expertise and experience which new Members have. In this case, his credentials were set out very clearly and have direct application to the matter at hand. We are very lucky to have him in your Lordships’ House scrutinising the Bill, and I look forward to more contributions from him on matters relating to DCMS, and many more besides.

As my noble friend Lord Holmes of Richmond said, this is a beauty of a Bill. The beauty lies in its simplicity. It is a short, two-clause Bill amending existing legislation in Part 6 of the Tribunals, Courts and Enforcement Act 2007, to ensure that our immunity from seizure provision remains fit for purpose. It will mean that approved museums and galleries are better able to respond to unforeseen obstacles which might otherwise threaten the safe and timely return of the wide range of cultural objects which they so regularly borrow from abroad for the benefit of the public across the United Kingdom. The 12-month limit of immunity from seizure protection is an issue which was raised specifically by approved museums and galleries during the more restrictive periods we all faced during the pandemic. The noble Earl, Lord Clancarty, asked why there needs to be a limit at all. In general, the 12-month limit had been sufficient for the normal length of exhibitions, allowing time for those exhibitions to conclude and for items to be returned. Of course, recent events—not least the pandemic but others which have been mentioned—highlight that it is important for this provision to be needed occasionally. There will be no limit to the number of three-month extension periods which can be granted. However, as with all applications, there will need to be a good case for granting each extension. There will be flexibility, as well as protections, in the new system.

As with all sectors, our cultural institutions have faced tremendously difficult times recently, and we recognise the need to support them to recover, thrive and welcome people back across their thresholds as we emerge from the pandemic. As noble Lords have noted, there are 39 museums and galleries across England and Scotland which make use of immunity from seizure protection. As my noble friend mentioned, it is unfortunate that the territorial application of the Bill had to be amended in another place to exclude Wales and Northern Ireland. None the less, as all museums and galleries currently approved for the purposes of immunity from seizure are in England and Scotland, the 12-month time limit is of most relevance in those territories. As my noble friend noted, we are very pleased to see that the legislative consent Motion was granted in the Scottish Parliament yesterday. However, the territorial extent of the Bill remains UK-wide.

As we continue to support the recovery of our museums and galleries from the recent uncertain and challenging times, an option to extend the length of time that objects can be covered by immunity from seizure is a welcome and sensible contingency to have. I am therefore pleased that this Bill looks to ease some of the uncertainties with which our museums have been grappling in recent months, and I am happy to confirm that the Government continue to support this succinct and helpful Bill. The depth and quality of the permanent collections held by these institutions is of course already exceptional, but lending and borrowing objects is also an important core activity for our museums and galleries. Immunity from seizure protection often plays a fundamental role in enabling loans from other countries to go ahead, with many lenders stipulating that such protection is in place as a condition of loan. The Bill will provide a sensible improvement to an already worthy tool used by many of our esteemed cultural institutions across England and Scotland.

My noble friend Lord Vaizey mentioned some of the upcoming or newly launched exhibitions to which we can look forward this year: no less than a visit from one of the greatest artists of the Italian Renaissance at the National Gallery, and a re-examination of surrealism at the Tate. I hesitate to say that my noble friend’s speeches sometimes show the influence of surrealism, but they are certainly rich with cultural allusions on every occasion. Loans help to complement and enhance the stories told by our UK institutions. The British Library recently hosted the excellent exhibition “Elizabeth and Mary: Royal Cousins, Rival Queens”, which I had the privilege of seeing. I was fascinated to view the letter—on loan from archives in Spain—penned by King Philip II, lamenting the execution of Mary, Queen of Scots, and declaring his determination to proceed with the Spanish Armada. Immunity from seizure cover enabled this fascinating letter to sit alongside some of the British Library’s most exceptional Elizabethan manuscripts, adding to the tale of the two rival queens and providing a fantastic opportunity for visitors to view these documents in their wider context.

I was one of 600,000 people who had the pleasure of seeing the breath-taking Tutankhamen exhibition at the Saatchi Gallery a couple of years ago. Another show benefiting from immunity from seizure coverage is “Van Gogh. Self-Portraits”, which opened at the newly refurbished Courtauld Gallery last month, which I saw on Wednesday morning. This is the first exhibition dedicated to Van Gogh’s self-portraits, promising visitors a unique insight into the life of the great artist. The Courtauld is home to perhaps Van Gogh’s most famous self-portrait, “Self-portrait with Bandaged Ear”, and this new show assembles portraits of the artist’s own likeness from museums across the globe.

It is clear from the small selection of examples mentioned today that borrowing objects allows museums to stage exhibitions and displays that would not otherwise be possible. These loans enable them to further contextualise their own collections, create opportunities to attract and inspire new audiences, and re-engage their existing visitor base with new offers and insights. It is understandable that many lenders require certainty around immunity from seizure protection when they lend such valuable artefacts, and it is therefore important that we ensure that the legislation that underpins this protection is up to the task. The Bill will help to reduce the risk of cultural property from other countries being left unprotected while in the temporary care and custody of approved institutions. The option to extend the length of time an object can be protected while on loan will allow our approved museums and galleries to continue to co-ordinate and plan important loans with international partners, safe in the knowledge that contingency against unpredictable events is available.

For the reassurance of noble Lords, I wish to take a moment to affirm the Government’s current view regarding the loan of cultural objects from institutions in Russia at present. The Government recommend that museums and galleries should not be borrowing objects or negotiating new loans from state-sponsored or state-funded Russian institutions at the moment, in light of recent events. Indeed, I am aware of several prospective loans that will now not be proceeding, as well as exhibitions that have been cancelled in recognition of the unfolding conflict in Ukraine. Her Majesty’s Government fully support the decisions made by those museums and galleries to take such action. In the case of cultural objects currently on loan from Russian institutions, it is for the borrowing museum concerned to decide whether it is appropriate to keep them on display and to arrange for their return at the appropriate time. I have had a number of discussions with museums and galleries, and I know that they are engaging with this very important issue very thoughtfully, in consultation with their staff, their audiences and others.

The noble Earl, Lord Clancarty, asked what the Government are doing to protect the cultural property in Ukraine. Like other noble Lords, I was horrified to see the attack on the Mariupol theatre in Ukraine this week—of course, for the fact that children and families were sheltering in it, but also for the appalling destruction done to the building. The Government are working closely with relevant organisations and our international partners to support the Government and people of Ukraine in protecting their incredible cultural property. Russia, Ukraine and the United Kingdom are all signatories to the 1954 Hague convention, designed to protect cultural property from destruction and looting during armed conflict, including monuments, archaeological sites, works of art and other important artefacts. Through UNESCO, we are working to ensure that Russia conforms with its responsibilities under that convention. The deliberate destruction of cultural heritage can be designated a war crime, so officials are also working with non-governmental organisations to record details of where deliberate destruction may have taken place.

In discussing the loan of objects from abroad, I also believe it is important to highlight that the process that sits behind immunity from seizure protection is necessarily robust. To use the protection, museums and galleries must go through a rigorous application process to attain approved status. That addresses the question from the noble Earl, Lord Clancarty, about why there are just 39; this rigorous process involves demonstrating that they are an ethical organisation, that they follow proper due diligence processes for examining the history of the objects that they borrow, and that they will not borrow items if any suspicion lingers that they were stolen, looted or illegally obtained. For the protection to apply to objects that they are borrowing, approved institutions must also publish detailed information about such objects at least four weeks before the objects enter the UK. This diligent work is all part of the high standard of professional practice that our museums carry out as part of their loan procedures.

It is fantastic that 39 museums so far have achieved immunity from seizure approved status. That is a testament to their excellent track records and their continued commitment to upholding the highest standards of due diligence. Of course, new institutions join their number, and I am pleased to say that the 39th on the list of approved institutions was made as recently as last month, when Strawberry Hill House in Twickenham successfully met the rigorous requirements to achieve approved status ahead of its upcoming exhibition, “The Grand Tour”, which will now feature two paintings on loan from galleries in Italy. As an approved museum, Strawberry Hill House will be in good company, sitting alongside great institutions such as Manchester Art Gallery, National Museums Scotland, Hampton Court Palace, the Natural History Museum, Norfolk Museums, the V&A and many others that have been mentioned this morning.

Layers of hard work, training, rigorous provenance research and meticulous record-keeping go into making immunity from seizure work in practice. This provides assurance that approved museums and galleries borrow items from abroad in an ethical way. While immunity from seizure protection builds the confidence of lenders that their objects are safe, it also builds confidence in our sector that only sound loans are followed through, and this in turn reduces the risk of seizure being likely. There has, in fact, never been such an incident in the UK.

The Bill my noble friend has presented us with today is an excellent recognition of where existing legislation can do more to help the work that our museum professionals deliver. While our approved museums and galleries demonstrate an admirable execution of skill in attending to all the necessary work that sits behind immunity from seizure protection, the measures in this Bill can help them to be more confident that, in the event of the unexpected, the objects they are loaning can stay a while longer in the UK, and that they will remain protected until they are able to be dutifully returned to their owners overseas.

In conclusion, I thank my noble friend Lord Vaizey of Didcot for bringing this incredibly worthy Bill before your Lordships and for setting out so articulately and clearly the benefits that it will bring. I am very grateful for the support that it has had from all the contributions across your Lordships’ House today.

COVID-19 Vaccinations: International Athletes

Lord Parkinson of Whitley Bay Excerpts

Thursday 17th March 2022 Lords Chamber

[Lord Addington]

To ask Her Majesty’s Government what plans they have to make COVID-19 vaccinations available to athletes and support staff from any nation which requires such provision and is sending competitors (1) to the Birmingham 2022 Commonwealth Games, or (2) to any other international sporting competition hosted by the United Kingdom.

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

My Lords, the UK has safely hosted major sporting events during the pandemic without mandating vaccination against Covid-19, supported by the comprehensive body of research undertaken by the Events Research Programme. For the Birmingham 2022 Commonwealth Games, organisers are very strongly recommending that athletes and officials get vaccinated. To date, we are not aware of any Commonwealth Games associations asking for assistance, but we continue to liaise with the Games associations on this and other matters.

[Lord Addington (LD)]

I thank the Minister for that response. Does he not think it would be a good idea to be proactive and go to some of the smaller nations which do not have developed vaccination programmes and say that we will offer vaccination to all their staff who are coming to this event as a gesture of good will? It would be an extension of our soft power and surely that is what a festival of sport, such as the Games, should be.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, we are proactively working across the health sector and with our Games partners to see what additional support may be required for participants when they are in the UK. We are in regular discussions with the Commonwealth Games associations and their chief medical officers regarding the protocols which will keep everyone safe for the Games. The UK is committed to equitable access to safe and effective vaccines, treatments and tests through multilateral co-operation to end the acute phase of this pandemic.

[Lord Moynihan (Con)]

Pursuant to the question from the noble Lord, Lord Addington, will the Government confirm that they will work with the organising committee and the WHO in particular to reach out to all 53 Commonwealth countries to promote vaccination and support the 98% vaccination level which was achieved at the Winter Olympic Games in Beijing?

[Lord Parkinson of Whitley Bay (Con)]

Yes, we are working with Games partners and public health partners and are learning lessons from recent events such as the Summer and Winter Olympics to make sure that the message gets across very loudly and clearly that we are strongly recommending that everyone be vaccinated.

[Lord McNally (LD)]

My Lords, given the attention that will be paid to the Commonwealth Games, is this not a wonderful opportunity for the Government to promote vaccination, particularly if a fourth round of vaccination is going to be inevitable, and to promote it by using some of the young people at the Games to get the message over, particularly to the young and ethnic minorities, that vaccination is important?

[Lord Parkinson of Whitley Bay (Con)]

We know that vaccinations are very effective at protecting us from Covid-19 and are our strongest weapon in the fight against the pandemic. That is a message that is important for people still at home who have not yet been vaccinated, as well as for those visiting. The Games are an important opportunity to send that message.

[Baroness Neville-Rolfe (Con)]

My Lords, what will the residential quarters be like for the Birmingham Games? Obviously, the right arrangements can help with appropriate disease control. Cheekily, is there a housing legacy from what is being done? I declare an interest as the chair of the Built Environment Committee.

[Lord Parkinson of Whitley Bay (Con)]

I will write to my noble friend with the full details of the housing provision and legacy, but I reassure her that there will be a robust set of protective protocols in place, including testing, temperature checks and regular cleaning, which has been developed in accordance with leading public health experts and lessons learned from other large-scale events to keep everybody safe during the Games.

[Lord Holmes of Richmond (Con)]

My Lords, my noble friend mentioned the ERP. Will he take this opportunity to congratulate David Ross and Nick Hytner, who so excellently chaired that group and all who were involved? I declare an interest: I was honoured to serve as part of the ERP. Will he congratulate all the staff at DCMS who played such a key role in enabling spectators to be back at sporting events, fans to be back in music venues and people to be back in cultural venues across the country safely and able to enjoy the rich cultural and sporting fabric of our nation?

[Lord Parkinson of Whitley Bay (Con)]

I most whole- heartedly congratulate everybody involved, including my noble friend, for their work in the Events Research Programme. They worked very swiftly to develop an evidence base to make sure that we could get people back to doing all the things that they missed doing during lockdown and which are so important to their well-being and mental health and to the wider economic and societal impacts.

[Baroness Boycott (CB)]

My Lords, can the Minister tell the House what arrangements have been made for feeding the athletes at the Commonwealth Games? At the last Olympics, Coca-Cola and McDonald’s completely dominated the food offer because they had paid so much money. That does not send out a great message on health, especially to our kids.

[Lord Parkinson of Whitley Bay (Con)]

I will write to the noble Baroness about the food options for those attending the Games. Of course, it will be up to people to choose what they wish to eat and to do so in a healthy and nutritious manner.

[Baroness Merron (Lab)]

My Lords, the pandemic is not over until it is over everywhere. In order truly to tackle it, people across the world need access to vaccines, including in African and Caribbean nations, which have been deprived of vaccines and of the ability to manufacture their own vaccines because of intellectual property protections. If proposals for a vaccine waiver are put to World Trade Organization members in the coming weeks or months, can the Minister indicate which way the UK Government will vote?

[Lord Parkinson of Whitley Bay (Con)]

My Lords, the UK is one of the largest donors to the COVAX advance market commitment, which supports access to Covid-19 vaccinations for up to 92 low- and middle-income countries. This is a very effective mechanism and our £548 million commitment has helped COVAX deliver more than £1 billion vaccines to low- and middle-income countries. We have also donated more than 33 million vaccines. We need a truly global effort because no one country and no one pharmaceutical company would be able to do this alone.

Young Audiences Content Fund: Replacement

Lord Parkinson of Whitley Bay Excerpts

Thursday 17th March 2022 Lords Chamber

[Baroness Benjamin (LD)]

My Lords, in begging leave to ask the Question standing in my name on the Order Paper, I declare my interests as in the register.

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

My Lords, the Government are committed to the success of our world-leading TV production sector. UK-wide television tax reliefs, including for children’s television programming, continue to play a vital role in driving production to record highs, with more than £4 billion of expenditure supported in 2021. A full evaluation of the three-year pilot Young Audiences Content Fund will take place to determine its impact. The potential for further investment will be assessed against that evaluation and against future public service broadcasting needs.

[Baroness Benjamin (LD)]

I thank the Minister for that Answer. However, the Government’s recent decision to close the Young Audiences Content Fund has removed a successful incentive for UK commercial broadcasters and UK producers. This is devastating for the children’s creative industry. The fund had given a new lease of life to an ailing children’s sector. It also allowed producers from diverse backgrounds to get commissioned. Interim measures need to be put in place now. What consideration are the Government giving to ensuring that other sources of investment—such as raising the production tax relief credit from 20% to, say, 40% or 50%—could be found to maintain the diversity of high-quality programming for UK children that will be freely available to all and save the children’s creative production sector from catastrophe?

[Lord Parkinson of Whitley Bay (Con)]

My Lords, the Young Audiences Content Fund was a pilot. It is still open. It closes at the end of this month, at the end of its three-year period. It was a pilot to test a new way of financing public service television. At the end of the pilot, a full evaluation will take place to determine its impact. The noble Baroness has anticipated some of the things that might emerge from that evaluation, but I hope she will agree that it is important that it be evaluated. She mentions the tax relief that we introduced. That was aimed specifically at children’s TV, and since 2015 has directly supported 543 projects, delivering over £623 million of expenditure in children’s television production.

[Lord Stevenson of Balmacara (Lab)]

My Lords, the points made by the noble Baroness are well made and we support them wholeheartedly. I am grateful for the comments that the Minister has made but they do not really go far enough. More worryingly, this seems to be part of a pattern of activity and policy at DCMS—a pattern that I am sure this House will have noticed—including the issues of the future of Channel 4, the delay in securing provenance for programmes on widespread release, the BBC licence fee and charter arrangements, and regional news and journalism. The issues all seem to come up, suddenly get an announcement and then are withdrawn. Do we not need a White Paper looking more broadly at the wider context of the media, how we want it to progress in this country and the need for it to mesh more closely with a modern version of public service broadcasting?

[Lord Parkinson of Whitley Bay (Con)]

My Lords, we are looking at that wider context. The Government have committed to ensuring that viewers and listeners benefit from a modern system of public service broadcasting that remains relevant and which continues to meet the needs of audiences, now and in the future. That is why we announced the strategic review of public service broadcasting so that we can do that. The evaluation of this fund will feed into that wider strategic review so that we can see the best way of delivering what everyone wants.

[The Earl of Clancarty (CB)]

My Lords, the whole point of a pilot is to test the water and find out what works and what does not. If it does not work, scrap it, but if it does work then keep and develop it. This scheme was successful, as the Government themselves admit, with the programmes funded winning awards and being sold around the world. To simply say that there is to be an evaluation while closing the scheme does not seem like a good enough answer.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, the funds were set up using unallocated funding from the 2010 licence fee settlement to pilot contestable funding in priority areas of public service broadcasting provision. Although this and the equivalent fund for listeners performed well, any further investment of taxpayers’ funding will need to be assessed against the evaluation of the funds and future public service broadcasting needs, informed by our wider strategic review. DCMS and the fund administrators will conduct a full evaluation of the pilot against its fund criteria, including quality, innovation, additionality, provision for every part of the UK, diversity, the boost to new voices and plurality, and the reach of audience.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, in response to a question earlier this week, the Minister talked about the ever-expanding creative industries with pride, as indeed he should. However, this kind of decision really rather gives the lie to that sort of rhetoric, as it does to his earlier reference to—I cannot remember exactly what he called it—world-beating children’s programming. Does he not agree that decisions of this kind—taken, as the noble Earl, Lord Clancarty said, without any real sense of how the future might look—are extremely dispiriting for the very talented young people who are coming through and hoping for a career in this area of our creative industries, who are now feeling that perhaps it is not going to work out for them?

[Lord Parkinson of Whitley Bay (Con)]

My Lords, this is a three-year pilot that is about to reach the end of its three years, and it must be evaluated so that we can see whether it has been as beneficial as noble Lords anticipate that it has. The noble Baroness is right that, even with the challenges of the pandemic, the industry has reached new heights of success, seeing record production in 2021, which is testament both to the UK’s status as the best place in the world to produce television and to the hard work of everyone involved in the industry. We want to evaluate the impact of the fund so we can see how best we can support them to continue to reach even greater heights.

[Lord Foster of Bath (LD)]

My Lords, can the Government at least ensure that there is a continuation of funding until such time as the review has been carried out and a government decision is made about what is to happen in future? Will that decision bring to an end the days of the Government raiding the BBC licence fee for projects, however worthy they might be?

[Lord Parkinson of Whitley Bay (Con)]

My Lords, it is important that this trial to test out new ways of contestable funding be evaluated before those decisions are taken.

[Lord Lucas (Con)]

My Lords, is it not weird that a three-year project has not been evaluated in the course of running it? If you were doing this in commerce, it would be automatic that you would reach the end of a pilot knowing whether or not it had been a success. To take the good bits and then dump them into space for a year and a half, or however long it will take the Government to do this, rather than continuing them because you know they are succeeding, is not the right way to run a Government.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, it is usual for a pilot to end and then be evaluated once all the data collected can be seen in the round. Noble Lords have pointed to many of the emerging conclusions, but it is right that we evaluate it in the round.

[Lord McNicol of West Kilbride (Lab)]

My Lords, up to the beginning of this year, 144 development projects and 55 productions had been funded, some with really great output including Irish, Scottish, Gaelic and Welsh projects. Could I push the Minister a little more on the timescale of the review? Many of his answers have said that a review is going to be carried out, but no timescale for it has been set. Are we talking about the next few weeks or next month, or is it going to drag on for months to come?

[Lord Parkinson of Whitley Bay (Con)]

My Lords, the Young Audiences Content Fund and the Audio Content Fund have supported 220 hours of children’s television content and around 650 hours of radio content to date. We want to carry out the evaluation once the fund finishes at the end of this month and to see that as part of our wider strategic review of public service broadcasting. I cannot set out a precise timescale for the noble Lord, but we want to do that swiftly and thoroughly.

[Lord Hannan of Kingsclere (Con)]

My Lords, if our creative industries are as successful as noble Lords on all sides have said, and if our audio-visual sector, including children’s content, is, as my noble friend the Minister says, world-beating, why does it need subsidy?

[Lord Parkinson of Whitley Bay (Con)]

My Lords, in public service broadcasting it is important that we provide for all the audiences that rely on it. Children of course do not have the same consumer power that adults do, and it is important that high-quality and distinctively British content is made for children in this country, particularly when there are so many other options for them to watch programmes from around the world, particularly from across the Atlantic. That is why it is right that we support public service broadcasting and make sure that the high-quality programming that we already enjoy can continue for generations to come.

Broadcasting White Paper

Lord Parkinson of Whitley Bay Excerpts

Monday 14th March 2022 Lords Chamber

[Baroness Bonham-Carter of Yarnbury]

To ask Her Majesty’s Government whether the forthcoming broadcasting White Paper will make proposals about prominence in relation to (1) online radio services, and (2) smart speakers.

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

My Lords, the Government have committed to ensuring that listeners continue to have free-to-air access to UK radio services when listening via connected audio devices and that radio services are not discriminated against by large tech platforms which carry audio over internet protocols. The digital radio and audio review considered these issues in its report of last October. The Government’s response to that report will be published shortly and will set out our position in this area in more detail.

[Baroness Bonham-Carter of Yarnbury (LD)]

I thank the Minister for his positive reply. Prominence rules were put in place over 15 years ago for TV broadcasters and are set to be updated, I believe, but there are none at all for radio. The pandemic and now events in Ukraine have reinforced the importance of PSB radio, but as audiences increasingly access radio and audio services on demand, online and through new devices, this valuable service is at risk and at the mercy of the global tech companies which control distribution of content on these platforms. Reform is urgently required. I am glad that the Minister agrees—I think—that there is a pressing need to address this issue in the broadcasting White Paper and the media Bill. Can he tell us when that is likely to come?

[Lord Parkinson of Whitley Bay (Con)]

The noble Baroness is right that there has been rapid change in the last five years. Smart speakers have become widely available and are now owned or accessed by a third of all adults, so the Government recognise the urgency of the issue. We are very conscious that connected audio devices are starting to represent a significant and growing share of radio listening. They have opened new routes for listeners and new avenues for content creators, but they also carry a risk of listener access to radio services being disrupted or limited. We fully recognise those concerns and are committed to taking the necessary steps to ensure continued free-to-air and unintermediated access to UK radio. As for future legislation, that will be set out in the normal way.

[Viscount Colville of Culross (CB)]

My Lords, the withdrawing of funding for Creative Skillset in 2016 has left a gap in audio-only skills training. BBC Sounds Audio Lab and Global Radio’s academy have filled some of that gap, but does the Minister agree that there is a role for the Government to help develop and deliver high-quality audio skills training for a new generation of talent?

[Lord Parkinson of Whitley Bay (Con)]

Yes, I agree with the noble Viscount. As I say, as the review noted, these devices have opened up new avenues for content creators to reach audiences with podcasts and other audio output. There are very exciting job opportunities for people in this area and part of the work we are leading through DCMS is to make sure that people have the opportunity to work in our vastly expanding creative industries.

[Lord Clement-Jones (LD)]

My Lords, tech platforms and smart speakers have now become gatekeepers to the UK radio broadcasters, with access to all their valuable audience data. Will the Government ensure that the long-delayed new statutory competition framework for the Competition and Markets Authority’s Digital Markets Unit becomes a priority, levels the playing field between broadcasters and online platforms and addresses the significant current risk to media plurality and radio broadcasters?

[Lord Parkinson of Whitley Bay (Con)]

We recognise that good arguments have been made for taking action to protect radio’s long-term position and ensure the continuation of the huge public value which radio provides. However, that will not be straightforward; any significant intervention in this area will need to be considered in the wider context of other work we are carrying out, particularly in relation to digital markets and data protection reform.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, the Minister referred a short while ago to what I think he called our “rapidly expanding creative industries”. Is he confident that his colleagues in the Department for Education are fully aware of the opportunities those industries offer and are constructing the national curriculum in a way that makes it possible for people to access them?

[Lord Parkinson of Whitley Bay (Con)]

Yes, I have regular meetings with colleagues in the Department for Education and across government. I have had them in the past and have more coming up imminently. We are discussing these issues across departments so that we can make sure that everybody, whatever their age—whether they are school leavers or people who are changing career—has the opportunity to move into these exciting areas.

[Lord Trefgarne (Con)]

My Lords, is it not the case that the old-fashioned shortwave transmission systems are much more difficult to interfere with than the more modern systems? Therefore, can the BBC be persuaded to concentrate on that system when broadcasting to Ukraine and thereabouts?

[Lord Parkinson of Whitley Bay (Con)]

As well as availing themselves of the opportunities which the new media and new technology allow, we recognise that many people still rely on analogue radio services. That is why we have said that it would be wrong to switch those off before 2030, at the earliest. Both the Foreign, Commonwealth & Development Office and DCMS are working with the BBC to maintain the very important work that the World Service is currently doing in Ukraine.

[Baroness Merron (Lab)]

My Lords, in the same way that the online safety Bill has been drafted to have a degree of flexibility as the internet develops, will the Minister look at making prominence regulations technology neutral in the same way? To avoid duplication of regulation for TV, radio and online, has an assessment been made of the potential for a one-stop shop for prominence rules?

[Lord Parkinson of Whitley Bay (Con)]

The review which I mentioned was commissioned by the Government as part of the wider look at the broadcasting sphere. We are conducting that strategic review of public service broadcasting and will set out our response to it in due course. I cannot anticipate what it will say but I can assure the noble Baroness that we are looking at all these issues in the round. As I say, this is an area where the technology is moving rapidly, so it is right to review it carefully.

[Lord Watts (Lab)]

My Lords, can the Minister explain why Russia Today was allowed to broadcast for as long as it did, sending out its propaganda on a daily basis? Surely there is a need for balance, and should not the regulator have taken action far beyond what it did before? It has cancelled it now but why did it have to wait for something like this to happen? Should it not have taken action before?

[Lord Parkinson of Whitley Bay (Con)]

My Lords, one of the things that sets us and the rest of the world apart from countries such as Russia is our commitment to free and fair broadcasting. We are very pleased that RT has been removed from Sky Freeview and Freesat in the UK, which means that Vladimir Putin cannot push out his propaganda on UK networks. My right honourable friend the Secretary of State wrote to the major platforms asking them to do everything they can to prevent access to RT online in the UK, as they have done in Europe, and we are very pleased that Meta and YouTube have taken action and removed RT from their platforms. Therefore we have acted in this area while recognising our commitment to free speech and broadcasting.

[Lord Harris of Haringey (Lab)]

Your Lordships have become very used to listening to answers from the Dispatch Box opposite which sound as though they are lobbing the question into the long grass. The Minister said that technology is moving very rapidly in these areas. Are the Government?

[Lord Parkinson of Whitley Bay (Con)]

This is an area in which only five years ago smart speakers were not available and now they are now widely available in people’s houses. The Government are keeping pace with that very rapid change, conducting thorough reviews with stakeholders and considering it carefully. A five-year timeframe for technology that did not previously exist shows that we are acting swiftly in this area.

[Lord Grocott (Lab)]

My Lords, I know that the Minister has to be careful with the language that he uses. He politely referred to President Putin’s propaganda. The right word is not “propaganda”, as that might contain an element of truth; surely it should be President Putin’s “lies”.

[Lord Parkinson of Whitley Bay (Con)]

Yes, I would be happy to say that lies are being disseminated from the Kremlin about what is going on in Ukraine. That is why we have taken action to stop the poisonous propaganda that RT has been propagating on Vladimir Putin’s behalf.

Digital Technology (Democracy and Digital Technologies Committee Report)

Lord Parkinson of Whitley Bay Excerpts

Friday 11th March 2022 Lords Chamber

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

My Lords, it would be churlish in the extreme, as a Minister appointed more than a year after this report was published, and given that the intervening months have seen the retirement of the noble Lord who chaired the committee which produced it, not to begin by recognising that this debate has been too long in coming. I am very sorry that we have not had the benefit of the active participation of Lord Puttnam in today’s debate, but I am very glad to see him, as all noble Lords who spoke have noted, sitting on the steps of the Throne. I was struck by the way his spirit and the work he led in chairing the committee have suffused today’s debate.

I am very grateful to the noble Lord, Lord Lipsey, for stepping into the breach and outlining not only the hard work that went into the production of this report but the enjoyment that noble Lords got from their work. I am pleased Lord Puttnam was here to hear that. If there is any benefit from the delay in having this debate, it is that there are further examples, as the report rightly anticipated, which underline the importance of this topic—not least, of course, the very troubling situation in Ukraine.

Russia continues to use disinformation to attempt to justify its military action against Ukraine, and that is straight out of Russia’s playbook. We have already declassified compelling intelligence exposing Russian intent to install a puppet regime in Ukraine, and we will continue to disclose any Russian use of cyberattacks, false-flag operations or disinformation. Accompanied by baseless rhetoric and disinformation, as the noble Lord, Lord Bassam, rightly noted in his speech just now, Russian authorities falsely cast Ukraine as a threat to justify their aggressive stance. This is a transparent attempt at disinformation to provide a pretext for military action. In total, more than 100 different stories promoting unfounded claims around pretexts for invasion were identified as being disseminated by Kremlin-controlled media in February alone. The world can now see through the Kremlin’s lies and we will hold them to account by telling the truth about Russia’s illegal, pre-planned and reprehensible actions.

I turn to the substance of our debate and the recommendations of the committee’s report. I will begin, as the committee did, with the importance of informed citizens. I was pleased that the report recognised the vital role of local and public-interest journalism, and I agree wholeheartedly. I had the pleasure of discussing that issue with noble Lords in what I think was my first appearance at the Dispatch Box in my role at DCMS, in response to the Communications Committee’s excellent report on the future of journalism, which my noble friend Lord Vaizey of Didcot and others rightly mentioned. The noble Lord, Lord Griffiths of Burry Port, is right to point to the organic interconnectedness of the many debates that we have been having on these issues.

As the report recommended, the Cairncross review has served as the foundation for our work to support the sustainability of that important sector. We agreed with the majority of the recommendations made by the review and have been taking them forward through a range of fiscal and regulatory interventions.

The committee made recommendations regarding online safety legislation, which a large number of speakers understandably touched on in their contributions today. I welcome and endorse what the committee said about the importance of the online safety Bill and confirm that the Government are working to introduce that world-leading legislation, which will ensure that platforms are made accountable for the harmful content on their sites, as swiftly as possible. I am afraid I cannot give quite as much detail as the noble Lord, Lord Bassam, and the noble Baroness, Lady Kidron, might hope, other than to say that they will not have to wait much longer.

The committee rightly notes the real harm caused by disinformation and misinformation and recommends that it be covered by the online safety Bill. I can confirm that, as the committee recommended, disinformation and misinformation are within the scope of that Bill, which will address content that is illegal, that is harmful to children and certain types of legal content that is harmful to adults.

The Government agree with the committee that service users must be empowered to seek action, both if they encounter harmful content on a regulated service and if they think that the service has treated them or their content unfairly. All companies in scope of the new regulations will have a legal duty to have effective and accessible user reporting and redress mechanisms.

I recognise the committee’s specific recommendation to establish an independent ombudsman for the online safety regime. We will continue to consider that proposal and will respond to it in due course. However, it should be noted that the online safety Bill already provides a suite of provisions to ensure that users can complain to platforms and that appropriate action is taken. Shifting responsibility for user redress to an ombudsman may disincentivise companies from taking responsibility for the concerns of their users, which is a key objective for the new regulatory framework.

That framework involves a key role for Ofcom. I am sure that my noble friend Lord Vaizey of Didcot will understand that I cannot comment on the process to appoint a new chairman, but I am sure he and all the candidates acquitted themselves well enough to deserve a hug. Where companies fail to comply with their duties, Ofcom—under its new chairman—will have the power to impose substantial fines of up to £18 million or 10% of global annual turnover, whichever is higher; to direct companies to take specific steps on their platforms to come into compliance; and to apply to the courts for business-disruption measures, including blocking sites. Therefore, it will have the robust powers of sanction that the noble Lord, Lord Stevenson of Balmacara, rightly said were important.

Echoing a number of the committee’s points on the importance of transparency, the Bill will also give Ofcom powers to obtain the information that it needs to regulate effectively. The Bill contains provisions requiring Ofcom to publish a report on access to online safety data by researchers and gives them the power to produce guidance on that as necessary. Ofcom will also have the power to enter premises and inspect, operate and, in some cases, seize documentation and equipment. These powers could also be used in relation to the operation of companies’ algorithms, a point brought up by the noble Lord, Lord Stevenson, and others. The Bill will also require companies to mitigate the risks of harm associated with algorithms.

The committee also made recommendations on regulatory digital capacity more broadly. As set out in the plan for digital regulation, the Government are committed to ensuring that our regulators have the right capabilities and expertise to regulate effectively and proportionately. That is why are taking action, including by supporting Ofcom as it prepares to deliver the online safety Bill, working with the Competition and Markets Authority to maximise operational readiness for the new pro-competition regime, reforming the Information Commissioner’s Office to ensure that it remains a world-leading regulator, and working with the Digital Regulation Cooperation Forum to develop its collective capabilities through knowledge exchange on cross-cutting topics.

As the committee rightly noted, and as the noble Baroness, Lady Morris of Yardley, reinforced in her contribution, another critical part of ensuring that people are engaged is making certain that they have the skills to empower them to be digitally literate and engage critically with content they see online. That is why in July 2021 the Government published our Online Media Literacy Strategy and accompanying action plan, which sets out a range of work that the Government are funding or leading over this financial year. This includes measures recommended by the committee, such as developing a “train the trainer” programme. We have committed to an annual action plan for at least the next three years, but this is, as the noble Baroness said, an area where collective endeavour is needed. I have the privilege of being the Minister responsible for libraries, which are critical in the provision of trusted and accurate information. In my capacity as Arts Minister, I had an interesting discussion this week with Art UK, learning about its programme on the superpower of looking and equipping people with the critical skills to look at the material that they see before them.

The noble Baroness is right that it is important to understand what works, and the Government are committed to addressing the lack of sound evaluation across the media literacy landscape as set out in our online media literacy strategy. Along with the strategy we published a report presenting our mapping of all UK media literacy activity, including the extent to which initiatives have been evaluated. This report sets out our assessment of those evaluations and made recommendations on how interventions and evaluations could be improved in future. We also continue to monitor evidence generated in this important policy area by partners internationally, including in America and Australia and by the European Commission.

Turning to democratic processes, the United Kingdom has a strong tradition of robust political debate and freedom of speech, of which we can all rightly be proud. Protecting this and the integrity of the electoral process is vital. The committee noted the need for an update of electoral law. The Government agree, and the Elections Bill currently before your Lordships’ House will strengthen the integrity of elections so that our democracy remains secure, modern, transparent and fair. Like other noble Lords, I note our previous debate. The Bill prioritises critical reforms in key areas, delivering on manifesto commitments, including introducing voter identification at polling stations to prevent voter fraud, removing the 15-year limit for overseas electors, restricting foreign spending at elections and tackling candidate intimidation.

The Bill includes a number of measures recommended by your Lordships’ committee, such as the introduction of a digital imprints regime, as the noble Lord, Lord Lipsey, noted in his opening speech, which will require political campaigners explicitly to show who they are and on whose behalf they are promoting digital campaigning material. The Bill introduces a new lower registration threshold for third-party campaigners spending more than £10,000 during the regulated period before an election. Recognising the importance of enforcement, the regime also includes a general duty on any organisation or person to share information requested by the Electoral Commission.

The Government agree with the committee and the noble Lord, Lord Harris of Haringey, with regard to the risk that disinformation and misinformation pose to the integrity of the democratic process and are taking a range of actions to address this, including through the counterdisinformation unit and the steps we are taking through the online safety Bill. We are committed to defending and encouraging political debate. It is for this reason that content of democratic importance and journalistic content are protected in the online safety Bill and that the Bill contains strong safeguards for freedom of expression.

In connection with the Elections Bill, the noble Baroness, Lady Fox of Buckley, is right that policy and political arguments, which can be rebutted by rival campaigners in a free press as part of the normal course of political debate, should not be regulated. It is a matter for voters to decide whether they consider materials accurate. Electoral regulation should empower voters to make those decisions, not dictate to them. We have a tradition of robust political debate and free speech in our democracy. It is not for state quangos to regulate what candidates and political parties say when making their case to the electorate.

Similarly, while digital technology has a vital role to play in facilitating engagement with the democratic process, it is important to strike a balance between accessibility and security. As part of the introduction of voter ID at polling stations, we are also developing an online system for electors who do not have a suitable form of identification to get a free voter card. This will accompany a paper-based route for those who need to use it. Furthermore, we are changing legislation and developing a system to allow voters to apply for a postal or proxy vote online, which will ensure that electors have both digital and non-digital routes to play their part in the democratic process. At the same time, we are introducing identity verification for absent vote applications to ensure that that process is protected from fraud.

We are witnessing a rapid expansion of the role that digital technology plays in all aspects of society. We must ensure that people are empowered to make the most of this moment while remaining vigilant against the challenges that new technologies can present. Noble Lords have been right to point to some of the benefits that can accrue from those changing technologies, but they are absolutely right to point also to the challenges and threats that they pose. We will rightly debate these in great detail very soon when we debate the online safety Bill. We are debating them already in your Lordships’ House in the context of the Elections Bill. I look forward to more debates on this important topic.

I conclude by reiterating my tribute to Lord Puttnam and to the noble Lord, Lord Lipsey, and to all noble Lords who served on the committee and others who have spoken in today’s debate. I thank the noble Lord for bringing the debate to the House.

Gambling Advertising

Lord Parkinson of Whitley Bay Excerpts

Tuesday 1st March 2022 Lords Chamber

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

My Lords, this has been another very good debate on a topic which I know continues to attract great interest from across your Lordships’ House, as indeed it should. I congratulate the noble Lord, Lord Foster of Bath, on securing it and on the way he opened it this evening.

Clearly, the review of the Gambling Act represents a pivotal moment for gambling regulation, and I am pleased to have the opportunity again this evening to address these issues, although I will not be able to anticipate every element of the review. I will start with the points about timing, as raised by the noble Baroness, Lady Bakewell of Hardington Mandeville, and the noble Lord, Lord Bassam of Brighton.

The gambling review and White Paper have not been delayed. Ministers are working swiftly with officials at DCMS and colleagues right across government on the White Paper. Our review is looking at a very wide range of issues and our call for evidence received 16,000 submissions, which we have been considering carefully, as I am sure noble Lords will want us to have done. This is the most thorough review of gambling law since the 2005 Act, and we must get it right. We will of course look to implement the outcomes of the review as swiftly as we can.

But we have not waited for the review before taking action to make gambling safer in the meantime where we can. In the last two years, as noble Lords will have heard me say before, we have banned gambling on credit cards, we have tightened restrictions on VIP schemes leading to a reported 70% reduction in the number of so-called “VIPs”, we have made online slots games safer by design, and we have raised the National Lottery minimum age to 18. So, we are taking action as well as carefully considering the review.

Gambling advertising is an important part of that review. The ways in which gambling is advertised and marketed have changed considerably since the 2005 Act. We must make sure that our rules on advertising, like other aspects of gambling, are suited to the digital age; we are determined to get these right as well. The noble Lord, Lord Butler of Brockwell, rightly used the opportunity of the gap to anticipate that striking the right balance in regulation is at the heart of our review; that is, the balance between respecting adults’ freedom to choose how they spend their money and preventing harm to children, vulnerable groups and the community more widely.

In addition to the careful consideration of advertising of gambling in the review, the Government have an ambitious vision for responsible advertising practices in the digital age which goes beyond any single sector. We will consult separately on our online advertising programme, which will establish an overall framework for fair, accountable and ethical online advertising to apply to all sectors.

We already have robust rules on gambling advertising, which, as the noble Lord, Lord Foster, noted, have been strengthened at points over the years since the 2005 Act. All gambling advertising, wherever it appears, is subject to strict controls on content and placement. Compliance with the advertising codes is a licence condition for gambling operators. The Gambling Commission has an overarching requirement that advertising is socially responsible, and that the advertising codes are continually updated in the light of emerging evidence. The commission and the advertising rules ban inducements that encourage customers to gamble more intensely. Operators are not allowed to market directly to people who have self-excluded or customers showing signs of vulnerability.

Since the last gambling review, the Gambling Commission has introduced tough new requirements on operators’ VIP schemes. It has also cracked down on the use of misleading terms and conditions in promotional offers and marketing. The Committee of Advertising Practice has implemented changes to stop gambling adverts appealing irresponsibly to vulnerable adults. A final decision on strengthened rules on content appealing to children is expected shortly. The industry has also introduced the “whistle to whistle” ban, which the noble Lord, Lord Foster, raised, on advertising in live sport. As the noble Lord, Lord Browne of Belmont, mentioned, its code requires adverts in social media to be targeted only at users aged 25 and above and, for YouTube accounts, people aged 18 or over. The noble Lord, Lord Browne, asked whether we have met social media companies as part of the review. We have done so, at official level.

Turning to the evidence on harm, the noble Lord, Lord Foster, raised the 2019 research by Professor Binde. That research included the statement:

“There is no evidence in this study that gambling advertising in mass media substantially contributes to gambling problems.”


That would seem to confirm that it is people already experiencing gambling problems who are most likely to be affected by gambling advertising, but we do take preventing gambling harm very seriously. We are also alive—the noble Lord, Lord Foster, referred to our recent correspondence—to the disproportionate impact that gambling advertising can have on different groups; in particular, people who are already struggling with gambling problems. We will not hesitate to take action to rule out harmful practices and we welcome efforts to develop the evidence base and our understanding of this relationship.

A number of noble Lords rightly mentioned sport. As well as advertising, our review of the Gambling Act is thoroughly considering the evidence on the subject of gambling sponsorships in sport. We recognise both the concerns about the visibility of gambling brands in sports that are widely enjoyed by people of all ages, including children, and the role that sponsorship can play in supporting elite and grass-roots sport. Gambling sponsorship in sports is one of the areas under close consideration in the review. We are looking at the evidence closely to determine our approach on this issue; no decisions have been made.

My noble friend Lord Holmes of Richmond noted the popularity of football, particularly with children. We recognise the global reach of the Premier League and the upper echelons of football. There are rules in place to ensure that children are not targeted by gambling sponsorship. Sports governing bodies are also empowered to determine what level of involvement with the gambling industry is appropriate for their sport. The noble Lord, Lord Foster, mentioned the correlation between advertising and problem gambling in children and young people. Again, protections are already in place to limit children’s exposure to advertising. Gambling adverts must not be targeted at children or appeal particularly to them. The Committee of Advertising Practice will soon publish more on its plans to tighten the rules in this area.

My noble friends Lady Chisholm of Owlpen and Lord Bethell spoke further on the impact on children and young people. It is important to underline that most forms of gambling in the UK are currently illegal for people under the age of 18. Over the last decade, self-reported problem gambling participation by people aged 11 to 16 has seen an overall falling trend, from 23% to 11%. Those children who gamble typically do so in ways which are legal for them, such as private betting with friends or family. None the less, we recognise that it is essential that our gambling regulation works to protect children and vulnerable people. We have dedicated a chapter of our call-to-evidence to questions in this very important area.

My noble friends Lord Bourne of Aberystwyth and Lord Vaizey of Didcot mentioned the online protections which are necessary. We have made significant progress in recent years on making online gambling safer, including a ban on gambling on credit cards and new rules to reduce the intensity of online slot games. However, we recognise that more can be done to protect those who gamble online. Our review is looking closely at the case for greater protections for online gamblers, including protections on products and for individuals. The Gambling Commission is also working to improve how operators use data to identify customers at risk of harm and how they can intervene. Operators already must monitor play and intervene when there are signs of harm.

My noble friend Lord Bethell asked about affordability checks. We see a clear role for considering an individual’s financial circumstances to help stop devastating losses, but to be workable and to prevent harm, checks need to be proportionate and be done in a way that is acceptable to customers. We continue to work closely with the Gambling Commission on this issue in the run-up to publishing our White Paper.

The noble Lord, Lord Bassam of Brighton, asked about the Online Safety Bill. Online gambling platforms will be in scope of the regulatory framework if they host user-generated content or facilitate online interaction— for example, through chat functions. However, online gambling platforms which only enable interaction between individuals and the gambling company will not fall into scope of that Bill.

We have a robust regulatory regime which limits children’s exposure to advertising and the effect it may have on vulnerable people, but we, the Advertising Standards Authority and the Gambling Commission are always alert to where more may need to be done. We will be publishing our White Paper at the conclusion of the review and the consideration of all the submissions to it, along with our proposals for reform. We have been carefully considering the evidence that has been received and will continue to take into account the opinions given and further arguments made in debates such as this. I thank again the noble Lord, Lord Foster of Bath, for giving us this opportunity, and thank all noble Lords who took part in the debate. To the noble Lord, Lord Griffiths, the noble Baroness, Lady Wilcox, and my noble friend Lord Bourne, I say, Dydd Gŵyl Dewi hapus.

Public Health: Media Advertising

Lord Parkinson of Whitley Bay Excerpts

Monday 28th February 2022 Lords Chamber

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

My Lords, Her Majesty’s Government do not have plans for a comprehensive assessment of the impact of advertising on public health but are committed to assessing its impact in a proportionate way and in response to emerging evidence. For example, we will use a post-implementation review to assess the impact of forthcoming restrictions to the advertising of less healthy food and drink products on television and online. There are no current plans to review the tax treatment of advertising but the Government keep all taxes under review.

[Lord Brooke of Alverthorpe (Lab)]

I am disappointed that the Government are not extending the review of the effects of advertising on health over a wider front; I hope that might be reconsidered. It is important that we take from the Chancellor’s move to a variable taxation on alcohol—in which the highest taxes are placed on those drinks with the highest element of alcohol and incentives are offered for lower taxes on those with lower alcohol—that advertising will be looked at in a similar way, particularly where advertising damages people, such as in the case of gambling and so on. Why do such advertisers not pay higher rates of tax than the present standard rate, which applies to all advertising? This is a way in which revenue could be increased and we could also seek to get behavioural change, which would be positive for the country.

[Lord Parkinson of Whitley Bay (Con)]

On gambling specifically, as the noble Lord will know, we are reviewing the Gambling Act and looking specifically at advertising issues as part of that. More broadly, we recognise that advertising can have an impact on public health, which is why we continue to keep that impact on all aspects of public health under review and will assess any emerging evidence in a proportionate and measured way. That is why, for instance, we are responding to evidence that children’s exposure to less healthy food-and-drink product advertising can affect what and when they eat. DCMS will of course continue to work with other departments, and the regulators as necessary, to keep the impacts of advertising on public health under review.

[Baroness Boycott (CB)]

My Lords, just 2.5% of all food and soft-drink advertising in the UK is spent on fruit and vegetables. Despite Change4Life and the 5 A Day campaign, obesity rates have risen sharply. Yet the relatively simple and extremely cost-effective act of banning advertising of HFSS food on the London Underground has, according to a report published just 10 days ago by the London School of Hygiene & Tropical Medicine, on 17 February, led to households buying 1,000 calories less a week of HFSS food—6.7% less than would have happened. Will the Government look at expanding schemes of this type and banning adverts for HFSS food? Will they also agree not to water down the excellent proposals in the forthcoming Bill to ban HFSS adverts in prime time on children’s TV?

[Lord Parkinson of Whitley Bay (Con)]

The Health and Care Bill introduces new UK-wide restrictions for the advertising of less healthy food and drink products, which are due to come into force from 1 January 2023. The noble Baroness referred to the recently published evaluation of the advertising restrictions introduced by Transport for London, which we note were limited to outdoor advertising. We intend to look at and analyse that evaluation in more detail.

[Lord Foster of Bath (LD)]

My Lords, I declare my interest as chairman of Peers for Gambling Reform. The Minister made reference to gambling just a few seconds ago and will be aware that the gambling industry spends in excess of £1.5 billion a year on advertising and associated marketing. Does he believe that that improves or damages public health?

[Lord Parkinson of Whitley Bay (Con)]

As the noble Lord will know, I cannot pre-empt our review of the Gambling Act, which is looking at all these issues and taking evidence from many, including Peers for Gambling Reform. It is a thorough and evidence-led look at gambling regulation; advertising is an important part of that, and we will set out our response in a White Paper in due course.

[Lord Vaizey of Didcot (Con)]

My Lords, the Government remain committed to banning junk-food advertising as part of their drive to introduce more and more regulation. Can my noble friend assure me that he will have a discussion with his colleagues in the health department about the timing of implementing this ban, which is coming in at breakneck speed? It will be very damaging to the public service broadcasters, which of course his department supports very vigorously.

[Lord Parkinson of Whitley Bay (Con)]

Yes, I will speak to my colleagues in the Department for Health and Social Care, not least as the Bill is still before your Lordships’ House.

[Baroness Bull (CB)]

My Lords, there is good evidence that advertising that presents idealised and unrealistic bodies can drive negative body image and trigger or exacerbate mental health conditions, including eating disorders. Will the Government support the call for advertisers to be required to make it clear where images are digitally altered for commercial purposes?

[Lord Parkinson of Whitley Bay (Con)]

My Lords, we are aware of evidence which demonstrates a link between poor body and poor mental health, which can cause people anxiety, depression and many other harms. It is not currently the Government’s intention to legislate on body image in advertising. We want to make sure that any government intervention makes a real and positive difference. We intend to consult on this issue and the harms created by it as part of the online advertising programme, which will allow us further to develop our evidence base on this issue.

[Viscount Colville of Culross (CB)]

My Lords, the noble Lord, Lord Kamall, wrote to Peers saying that the Government intend to consider platform liability for ad content as part of the online advertising programme, which the Minister has just mentioned, but the consultations will not start until spring. HFSS advertising on television has been under consultation since 2017. Why are the Government only now discussing platform responsibility for this ad content? Surely, they are just kicking this important issue into the long grass.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, the advertising on television is a matter in the Bill before your Lordships’ House, which introduces a 9 pm watershed for advertising of less healthy food and drink products on TV and on-demand programme services which are under the jurisdiction of the UK and regulated by Ofcom. On advertising in other media, the Government intend to review how online advertising is regulated through the online advertising programme, as I say, but they are happening in different timeframes.

[Baroness Merron (Lab)]

My Lords, while many adverts for tobacco products are banned in the UK and the EU, such restrictions do not apply in the same way to products containing nicotine. Can the Minister comment on why the McLaren Formula 1 team cars are able to carry the logo of the British American Tobacco Velo product range at the British Grand Prix when similar products cannot be promoted in other host countries, including Austria and France? Does the Minister feel that this is appropriate?

[Lord Parkinson of Whitley Bay (Con)]

The advertising and promotion of tobacco products was banned through the Tobacco Advertising and Promotion Act 2002. As the noble Baroness rightly alludes to, products and technology have moved on a lot in the intervening 20 years. An independent review into tobacco control, led by Javed Khan, is currently under way. This will help us ensure that future policies will be effective in meeting the Government’s smoke-free ambition.

Creative Professionals: EU Tours

Lord Parkinson of Whitley Bay Excerpts

Monday 21st February 2022 Lords Chamber

[Baroness Bull (CB)]

My Lords, on behalf of my noble friend Lord Clancarty, and with his permission, I beg leave to ask the Question standing in his name on the Order Paper.

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

My Lords, the UK made proposals for permit-free touring and for specialist hauliers to be exempt from cabotage limits. Sadly, these were rejected by the European Union. We have raised touring at both the EU-UK Partnership Council and the EU-UK Trade Specialised Committee on Services, Investment and Digital Trade. Our focus is now on supporting the sector, including by working directly with member states. This approach has delivered results, most recently with Spain, meaning that 21 member states now allow some visa-free and permit-free touring.

[Baroness Bull (CB)]

My Lords, the music industry is frustrated that so little has been done to resolve touring issues in the 13 months since the TCA was applied, and is concerned that increased costs will rule out European touring for artists, companies and orchestras. Will the Government negotiate a cabotage exemption for the cultural and creative sector and an own-account exemption for groups that tour with their own trucks and now face extra costs of £16,000 per day? Does the Minister accept that dual registration, on which the Government are currently consulting, is not a workable solution for a UK orchestra with a single specialist touring vehicle?

[Lord Parkinson of Whitley Bay (Con)]

My Lords, through our bilateral agreement, 21 of the 27 member states have confirmed that UK musicians and performers do not need visas or work permits for some short-term touring. As I say, we continue our discussions bilaterally with the six remaining member states. On own-account vehicles, such as those used by orchestras, the UK pushed hard for liberalised access for hauliers carrying equipment for cultural events during negotiations but the EU sadly did not agree to our requests. The Department for Transport continues to work across government and with the industry to consider what options may be possible for own-account operators.

[Viscount Stansgate (Lab)]

My Lords, have the Government considered what they can do to help youth orchestras? For many years, they have toured Europe during the summer, to the enrichment of those who have played in them and the audiences to whom they have played. I declare an interest: both my children were members of the Stoneleigh Youth Orchestra, which travelled all over Europe under its conductor Adrian Brown. I just hope that, when the Government consider the wider questions triggered by the Question from the noble Earl, they will also take into account the important need to continue the cultural and musical links between younger people and Europe.

[Lord Parkinson of Whitley Bay (Con)]

I strongly agree with the noble Viscount. It is important that people of all ages—professionals and amateurs alike—have the opportunities for cultural exchange. That is why the UK has a generous offer and is welcoming to musicians from around the world. Through our discussions with member states, we have clarified that arrangements are much more workable than at times has been reported—for example, splitter vans are not subject to the TCA market access rules. We continue to work with sector organisations, including youth orchestras.

[Lord Vaizey of Didcot (Con)]

My Lords, the creative industries are a huge success story in the UK. This year, the UK film industry is set to overtake Hollywood in its capacity. Will the Minister give an update on progress in building a website, so that people who want to tour in Europe can go to a one-stop shop to find out the requirements? Will he commit to publishing the papers that show the points that the UK Government are making to the European Union to try to unblock this blockage?

[Lord Parkinson of Whitley Bay (Con)]

My noble friend is absolutely right. As we emerge from the pandemic, our creative industries are leading the way in helping us to build back stronger. On GOV.UK, landing pages for each member state explain the rules and the outcome of our negotiations with the remaining six states. I will take his point about publishing documentation back to the department and let him know.

[Lord Ashton of Hyde (Con)]

The noble Lord, Lord Strasburger, wishes to contribute virtually and I think this is a good point to call him.

[Lord Strasburger (LD) [V]]

My Lords, the UK’s second largest industry, the creative arts, was left high and dry by the Government’s trade deal with the EU. Touring in Europe is now almost impossible for British musicians and other performers because of a mountain of new red tape and costs. Bilateral deals are not enough. When will the Government do what the Tongan Government were able to do for their performers and negotiate EU-wide cultural exemptions for visas, work permits and trucking restrictions?

[Lord Parkinson of Whitley Bay (Con)]

The case is not as gloomy as the noble Lord puts it. As I said, 21 of the 27 member states have already clarified their offer, and the UK’s offer to the rest of the world is very generous. We made a similar offer to the one that was rejected by the EU to the EFTA nations, which was agreed, showing that our proposals were not just possible but can be agreed and made to work. Regrettably, the EU did not offer a visa waiver for paid activities during the TCA negotiations and no major G7 economy has agreed to lock in its visa systems with the EU, which was the proposal that was on the table.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, the Minister will be well aware that the music industry, particularly the classical music industry, is predominantly freelance and very much depends on international reputations being built. What assessment have the Government made of the impact on individual UK performers of the restrictions that they now face when they are likely to be offered work in the European Union? My information is that they are far less likely now to be offered work than they used to be. Can the Minister confirm that? Does he have any information?

[Lord Parkinson of Whitley Bay (Con)]

The noble Baroness is right to point to the importance of freelancers in these sectors. Through my discussions personally with representatives of the music industry, including classical music organisations and orchestras, we have discussed the challenges faced by freelancers and the support that many organisations were able to give them, thanks to what went to them from the Culture Recovery Fund. As I say, GOV.UK makes clear the rules for travelling to each member state. Our own approach is very welcoming: we want people from around the world to come to the UK and perform here. The information that the noble Baroness seeks is on GOV.UK, listed by individual country.

[Lord Aberdare (CB)]

My Lords, this is the time of year when major, high export-earning European tours are planned, featuring performers such as Ed Sheeran and Harry Styles, but the current rules, particularly relating to cabotage, make the transport and logistical arrangements for such tours impossible. What are the Government doing to address these issues, which are both urgent and specific to the creative performing sector, so that tours such as these can go ahead this year?

[Lord Parkinson of Whitley Bay (Con)]

We do not believe that an EU-wide agreement would be feasible; instead, we are addressing each area in turn, including those mentioned by the noble Lord, working to provide clarity to the sector and implementing unilateral measures where relevant. For instance, on haulage, the Government are in the process of implementing dual registration to support specialist concert hauliers; and, on carnets, we have clarified that portable musical instruments, carried or in a vehicle, can be transported cost-free and should not require carnets.

[Lord Addington (LD)]

My Lords, does the Minister agree that we have got into a situation where musicians are knee-deep in red tape? What are the Government going to do to release them from this, particularly those who do not have major backing—that is, journeymen musicians?

[Lord Parkinson of Whitley Bay (Con)]

As I say, on GOV.UK, we make as clear as possible for those who are touring or are planning tours the position in individual member states. We are also working with the sector, including representatives from musical organisations of all types and sizes, so that we can understand the challenges that the industry still faces and make sure that we are tackling them.

[Lord Cormack (Con)]

My Lords, what are the main specific obstacles in coming to agreements with those countries with which we do not have agreements, such as Spain?

[Lord Parkinson of Whitley Bay (Con)]

We do now have an agreement with Spain—that is the most recent to be added to the list. One of the six which remains is Portugal, which of course had its general election last month. That has slowed down the negotiations there, but those are continuing at ministerial and official level.

[Lord Bassam of Brighton (Lab)]

My Lords, perhaps this is an apposite moment for the House to acknowledge the contribution and sad death of Jamal Edwards, who has done so much to promote a new wave of musicians and artists to a global audience. Awarded an MBE at 24, he was an inspiration to a new generation. With that in mind, perhaps the Minister can tell us what support Her Majesty’s Government are giving to young new artists who are not signed to a label but who want to tour and take their first steps towards performing to overseas audiences. The new Secretary of State has said that a package of specific help is coming. When will she deliver on that promise and help to resolve the EU’s continuing border issues?

[Lord Parkinson of Whitley Bay (Con)]

I was very sad to see the news about Jamal Edwards this morning, dying so tragically young. The Government are committed to making sure that emerging artists and new talent have opportunities. We are working on a refresh of the national plan for music education under the chairmanship of my noble friend Lady Fleet, and with the Department for Education to make sure that opportunities in schools as well as outside are available to everybody. Through our working group, we are engaging with the sector to make sure that those who face challenges in touring know that the Government are working to address them.

Children: Online Protection

Lord Parkinson of Whitley Bay Excerpts

Thursday 10th February 2022 Lords Chamber

[Baroness Merron]

To ask Her Majesty’s Government what discussions they have had with the new Information Commissioner about the importance of protecting children online.

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

My Lords, the Government are committed to protecting children online and are in regular contact with the Information Commissioner, whom we welcome to his post. The forthcoming online safety Bill will provide children with world-leading protections from harmful content and activity online, and the Information Commissioner will continue to enforce the safeguards for children’s privacy in the children’s code.

[Baroness Merron (Lab)]

I thank the Minister for that Answer and welcome the recent announcement that the draft online safety Bill will better protect young people from online pornography. Regrettably, the Government have dragged their feet on this, meaning that more young people have been exposed to extreme content than was necessary. A new regime will take several years to come on stream. What consideration is the Minister giving to interim measures to better protect children, including, but not limited to, instructing the Information Commissioner to apply the age-appropriate design code to hosts of adult content?

[Lord Parkinson of Whitley Bay (Con)]

I am grateful for the noble Baroness’s support for the newer measures the Government announced this week. Of course, we will be responding in full to the work of the Joint Committee and the DCMS Select Committee in the other place. We have looked at the draft online safety Bill to respond to the further recommendations and suggestions they have made. However, we have not been inactive in the meantime. In June last year, for example, we published safety by design guidance and a one-stop shop on child online safety, which provided guidance on steps platforms can take to design safer services and protect children. Last July, we published our Online Media Literacy Strategy, which supports the empowerment of users. So we are taking steps, as well as introducing the Bill, which will be coming soon.

[Baroness Kidron (CB)]

My Lords, I also welcome the new commissioner, John Edwards, to his role, and congratulate the Government on this week’s announcement that the online safety Bill will include statutory guidance for privacy-preserving age assurance. Given that, to date, many of the eye-catching changes brought about by the age-appropriate design code, such as safe search and dismantling direct messaging by unknown adults to children, have been rolled out globally, are the Government working with the new commissioner to encourage the UK’s allies and trading partners to adopt the code in other jurisdictions to better enforce its provisions? Does he agree that regulatory alignment between the online safety Bill and the code is essential if we are to keep children safe?

[Lord Parkinson of Whitley Bay (Con)]

I am very grateful for the noble Baroness’s welcome for the new measures. There is agreement at an international level and within the UK that much more needs to be done to create a safer online environment for children, and the noble Baroness has played a significant part in fostering that agreement. The Information Commissioner has an international team responsible for engaging with data protection and information regulators all over the world. He is himself a former privacy commissioner in New Zealand, while his predecessor worked in this area in Canada, and I think that is to the great benefit of international dialogue. The international team works to ensure that the ICO’s regulatory and other priorities are appropriately reflected in international discussions. Through its work in organisations such as the OECD, the Council of Europe and the Global Privacy Assembly, the ICO also influences work on the interoperability of global data protection regimes.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate my noble friend and the Government on introducing the regulatory sandbox.

--- Later in debate ---

[Baroness McIntosh of Pickering (Con)]

My Lords, as chairman of the Proof of Age Standards Scheme board, I join the noble Baroness, Lady Kidron, in congratulating the Government on the work they are doing in this area. Can the Minister give us an update on the sandbox trial of technologies and an idea of when those trials might reach a conclusion, so that they can be rolled out? This is something that, for proof of age for buying alcohol and children’s online activities, will be an immensely positive step forward and one that is very welcome.

[Lord Parkinson of Whitley Bay (Con)]

I am grateful to my noble friend for her support for the new measures. I am afraid I do not have details of the specific trial to which she refers, so, if she will permit me, I will write to her with those details.

[Lord Clement-Jones (LD)]

My Lords, the Government seem to be bringing out their response in tantalising instalments. I can only speculate why, but, as a former member of the Joint Committee alongside the noble Baroness, Lady Kidron, I can only welcome what the Government have already announced. There are crucial elements to the control of commercial pornography: first, the age-assurance measures that were set out in the noble Baroness’s Private Member’s Bill, and, secondly, the age-appropriate design code protections for young children. There is, as yet, no indication that the Government have actually accepted the alignment of the age-appropriate design code with the online safety Bill regarding the commercial pornography elements. That is an important factor if we are really going to make sure that young people are safe.

[Lord Parkinson of Whitley Bay (Con)]

I hope we can continue to please the noble Lord and others with the work that we are doing in this area. The age-appropriate design code will play a key role in delivering protections for children ahead of and alongside the new online safety regulatory framework. We have aligned our approach with the code, which requires companies to apply its standards to protecting children’s personal data where they have assessed that children are likely to access their services. That will provide consistency for companies that may be required to comply with both the code and the provisions of the online safety Bill.

[Lord Cormack (Con)]

My Lords, does my noble friend agree that this Bill, perhaps more than any other, demands post-legislative as well as pre-legislative scrutiny? It is terribly important to see that things are really working. I add my congratulations to the noble Baroness.

[Lord Parkinson of Whitley Bay (Con)]

I certainly agree that the Bill has already benefited from the work of the Joint Committee and all the representations that have been made about it by parliamentarians in both Houses. One of the pre-legislative recommendations was for post-legislative attention, and we will respond to that and all the other recommendations ahead of publishing the Bill.

[Lord McNally (LD)]

My Lords, I think the Minister should beware TS Eliot’s:

“Woe unto me when all men praise me!”


There is clearly a direction of travel which is welcomed in the House. Could he assure me that the British Board of Film Classification will be involved in ensuring that this safety legislation is watertight? It has long experience in age verification and other matters that would make it invaluable to whoever will take responsibility for these matters.

[Lord Parkinson of Whitley Bay (Con)]

The noble Lord makes an important point. We have been speaking to the BBFC and others. The questions which we are addressing through the online safety Bill are not entirely new. The questions of access and how we can protect children, in particular, are ones that we have addressed in relation to other media. We are learning from those who have experience as we look to future regulation.

[Lord Brooke of Alverthorpe (Lab)]

My Lords, I do not bring any praise. Age assurance can be driven through easily by a coach and horses. The noble Baroness asked what further work is being done on facial recognition and the other factors which are now developing with technology. When we reflect on the great difficulties we have with so many areas on security, was it not a disaster, in 2011, when the then newly elected coalition Government threw away the Labour Government’s work on identification of individuals, when this is needed in so many areas? What are the Government doing to look back, reflect on that, change direction and produce proper self-identification for everyone, not just children?

[Lord Parkinson of Whitley Bay (Con)]

I am not sure that a national identity card scheme would be the right approach in this area. In the decade since, technology has moved on in a number of ways to enable both age verification and age assurance in a lighter touch way that affords the protections we need for children online while respecting the privacy of legitimate adult users.

[Lord Farmer (Con)]

My Lords, the Government’s announcement acknowledges that porn gives children unrealistic expectations about sex and relationships and encourages misogyny. However, it fails to mention the addictiveness of its consumption up the age range. Are the Government concerned about the effect on adults’ relationships, as is revealed by this worrying research? The Bill is urgently needed, and I join others in asking, because the Bill is urgently needed, when it will be introduced.

[Lord Parkinson of Whitley Bay (Con)]

I thank my noble friend, too, for his welcome. He raises points about the further potential harms of pornography and, although the strongest protections in the Bill are for children, it looks at the harms that online content can pose to people of all ages. On the time- table: it remains our intention to introduce the updated Bill in the coming weeks and to respond formally to the Joint Committee and to the Select Committee in the other place at the same time as the Bill is published.

Gambling Act 2005

Lord Parkinson of Whitley Bay Excerpts

Wednesday 9th February 2022 Lords Chamber

[Lord Foster of Bath (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and draw attention to my interest as the chairman of Peers for Gambling Reform.

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

My Lords, as the Gambling Minister made clear in his speech at the GambleAware annual conference in December, our review is looking at a very wide range of issues and our call for evidence received 16,000 submissions, which we are considering carefully. We will publish a White Paper setting out our vision for the sector in the coming months.

[Lord Foster of Bath (LD)]

I thank the Minister for that reply, but with more than one gambling-relating suicide every day, delaying reforming our outdated gambling regulations is putting lives at risk. We do not have to wait for the White Paper to make changes, as we have seen, for example, in banning the use of credit cards for gambling. Given that strict stake and prize limits apply to land-based gambling but bizarrely not to online gambling, will the Government fix this harmful omission now and commit to a regular review of limits in years to come? Frankly, chaos in Downing Street should not be an excuse for delay in protecting lives.

[Lord Parkinson of Whitley Bay (Con)]

As the noble Lord rightly notes, we have made significant progress in recent years to make online gambling safer, including a ban on gambling with credit cards as well as new rules to reduce the intensity of online slot games. But we recognise that more can be done to protect people who gamble online. Our review is looking closely at the case for greater protections for online gamblers, including protections on products and for individuals. We called for evidence on protections including the pros and cons of stake limits as part of our review, and of course, we are considering all the evidence carefully.

[Lord Watts (Lab)]

My Lords, the Government have had the House of Lords report, which is an excellent report, led by the noble Lord, Lord Grade, that made strong recommendations on a system that would protect the vulnerable as well as give some certainty to the industry. Given that unlicensed sites have now grown, according to PricewaterhouseCoopers, from £1.4 billion to £2.8 billion, when are the Government going to do something to safeguard the vulnerable and give some certainty to the racing and sporting industries?

[Lord Parkinson of Whitley Bay (Con)]

The noble Lord is right; it is an excellent report. I had the pleasure of serving on that committee before joining Her Majesty’s Government. The recommendations and evidence contained in it, as well as the 16,000 submissions we have had to our call for evidence, are all forming part of our careful review of the Gambling Act. We will come back with our proposals in due course.

[Lord Flight (Con)]

My Lords, I must ask—

--- Later in debate ---

[Lord Grade of Yarmouth (Con)]

More ships!

I thank my noble friend the Minister for that response. One of the lessons of the implications of the outdated nature of the 2005 Gambling Act, which the Government are addressing, is that there was a serious lack of accountability on the Gambling Commission. It had many powers to stop many of the abuses that have led to such tragedies as we have heard and as we read about in the newspapers almost every day. We are very interested to know what the Government can do to increase the accountability of the regulator in this sector.

[Lord Parkinson of Whitley Bay (Con)]

The Gambling Act review is looking at the Gambling Commission’s powers and resources, and how it uses them. The Commission has a new chairman and chief executive, who will be working closely with DCMS as they implement their vision for the organisation, but between April 2020 and March 2021 the commission imposed more than £30 million in financial penalties for breaches of its licensing conditions.

[The Lord Bishop of St Albans]

My Lords, I declare my interests as a member of Peers for Gambling Reform. The British Medical Journal said:

“We do not allow tobacco companies to design tobacco control policies, yet the gambling industry, through the organisations it funds, shapes our responses to … harms”.


Does the Minister agree that the system of voluntary levies is part of the problem, because the industry is controlling the messaging, and that what we need are statutory, smart levies to give total independence to research, treatment and education if we are really to tackle gambling-related harms?

[Lord Parkinson of Whitley Bay (Con)]

The Government have always been clear that they will look at the case for alternative funding mechanisms if there is a funding gap. All options remain on the table, including a statutory levy such as the right reverend Prelate suggests. The Department for Health and Social Care is working to improve care and treatment pathways to support the 15 clinics that were committed to in the NHS long-term plan. NHS England has also worked with GambleAware to design effective treatment.

[Baroness Merron (Lab)]

My Lords, I welcome the campaign by GambleAware, which highlights that up to 1 million women are at risk of harm through gambling, while stigma and shame prevents two in five women experiencing such harm seeking help. What help is being given to spot the early warning signs of harmful gambling, focusing on women aged 25 to 55 who gamble online? Can the Minister confirm that the review and the ensuing White Paper will consider and refer to the impact of gambling on women, as well as those who are close to them?

[Lord Parkinson of Whitley Bay (Con)]

The noble Baroness makes an important point. We have seen already, through the evidence gathered by Public Health England, the way that there are differential impacts on certain groups of people, whether by geography, sex or age. We want to improve the evidence base in the research so that we can ensure our policies are based on good and concrete evidence. That is part of the review of the Act that we are undertaking.

[Lord Butler of Brockwell (CB)]

My Lords, in the speech to the GambleAware conference to which the Minister referred, the Gambling Minister recognised that affordability checks were key to reducing gambling harm. Are the Government aware of the research by the Social Market Foundation showing that £100 spent per month was the right threshold above which gambling operators should be obliged to make affordability checks?

[Lord Parkinson of Whitley Bay (Con)]

That research by the Social Market Foundation was, I know, noted in the letter sent to my honourable friend the Gambling Minister. We see a clear role for considering an individual’s financial circumstances to help stop devastating losses, but to be workable and to prevent harm, checks need to be proportionate and done in a way that is acceptable to customers, too. We continue to work with the Gambling Commission on this issue in the run-up to our White Paper.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, further to the answer the Minister gave to the right reverend Prelate, can he give a categoric undertaking that the gambling industry will have no influence whatever in how the levy is allocated to research, harm prevention, education and the treatment of those affected by gambling addiction?

[Lord Parkinson of Whitley Bay (Con)]

The Government have always been clear, as I said, that we will look at the case for alternative funding mechanisms and all options remain on the table. Of course, we are taking views from industry, as we are from everybody with an interest in this area. We will take all those views into account as we prepare the White Paper.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I declare my position as a member of Peers for Gambling Reform. In Washwood Heath Road in Ward End, Birmingham, there are three bookmakers next to each other and another a few metres away. It is known to the locals as the bookie belt. We know from studies last year that bookmakers are 10 times more likely to be in the poorest areas of the country than the richest. This takes away choice in food and other essential shops. Should not the Government’s levelling-up White Paper have dealt with this issue of place-based gambling dominance?

[Lord Parkinson of Whitley Bay (Con)]

My Lords, it is also important to remember that a great number of people gamble legally and enjoy doing so without harm. We want to strike the right balance to make sure that people can conduct this legal activity, while addressing questions of regional disparities. That is why we have put out our call for evidence. We are glad to have received so many submissions and are considering them carefully.

[Lord Flight (Con)]

My Lords, when does the Minister expect the Government to respond to the review of the Gambling Act 2005? We all dislike the involvement of children in gambling, and bringing that to an end is well overdue.

[Lord Parkinson of Whitley Bay (Con)]

As my honourable friend the Minister with responsibility for gambling has made clear, we will respond to the review in the coming months. My noble friend makes an important point about the role of children. We have looked at the impact of gambling on children as part of our review, and protections are already in place—for instance, to limit children’s exposure to advertising—so we are not waiting for the review to take action where it is needed.

[Lord Browne of Belmont (DUP)]

My Lords, gambling addiction can lead to poverty and homelessness. Does the Minister agree that local councils should ensure that front-line staff are provided with training on harmful gambling so that they can recognise potential cases and are given the opportunity to help those in the greatest need?

[Lord Parkinson of Whitley Bay (Con)]

Yes, there is an important part for local authorities to play, just as there is for the NHS. It is right that the industry contributes to treatment costs, and the largest operators have committed to provide £100 million for treatment over four years. As I say, these are all areas that we are considering as part of the review of the Act.