Media Bill

Lord Parkinson of Whitley Bay Excerpts

Committee stage
Wednesday 8th May 2024 Lords Chamber

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

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

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

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

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

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

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

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

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

[Baroness Thornton (Lab)]

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

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

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[Baroness Bonham-Carter of Yarnbury (LD)]

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

[Lord Parkinson of Whitley Bay (Con)]

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

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

“as many … audiences as practicable”.

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

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

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

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

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

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

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[Lord Bassam of Brighton (Lab)]

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

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

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

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

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

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

[Lord Parkinson of Whitley Bay (Con)]

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

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

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

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

[Viscount Colville of Culross (CB)]

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

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

Media Bill

Lord Parkinson of Whitley Bay Excerpts

Committee stage
Wednesday 8th May 2024 Lords Chamber

[Lord Bassam of Brighton (Lab)]

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

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

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

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

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

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

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

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

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[Baroness Thornton (Lab)]

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

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

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

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

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

[Lord Parkinson of Whitley Bay (Con)]

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

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

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

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

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

[Lord Wigley (PC)]

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

[Lord Parkinson of Whitley Bay (Con)]

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

[Lord Teverson (LD)]

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

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

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[Baroness Thornton (Lab)]

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

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

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

[Lord Parkinson of Whitley Bay (Con)]

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

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

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

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

[A noble Lord]

Would the Minister like some help?

[Lord Parkinson of Whitley Bay (Con)]

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

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

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

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

Telegraph Media Group Ltd: Acquisition

Lord Parkinson of Whitley Bay Excerpts

Wednesday 1st May 2024 Lords Chamber

[Lord McNally (LD)]

Yes, the cricket.

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

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

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

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

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

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

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

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

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

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

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

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

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

[Baroness Stowell of Beeston (Con)]

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

[Lord Parkinson of Whitley Bay (Con)]

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

[Lord Stevenson of Balmacara (Lab)]

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

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

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

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

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

[Lord Parkinson of Whitley Bay (Con)]

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

[Baroness Bottomley of Nettlestone (Con)]

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

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

[Lord Parkinson of Whitley Bay (Con)]

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

[Baroness Bottomley of Nettlestone (Con)]

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

Gambling Advertising

Lord Parkinson of Whitley Bay Excerpts

Thursday 25th April 2024 Lords Chamber

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

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

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

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

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

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

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

[Baroness Armstrong of Hill Top (Lab)]

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

[Lord Parkinson of Whitley Bay (Con)]

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

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

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

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

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

[Lord Foster of Bath (LD)]

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

[Lord Parkinson of Whitley Bay (Con)]

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

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

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

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

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

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

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

Lord Byron: 200th Anniversary

Lord Parkinson of Whitley Bay Excerpts

Tuesday 16th April 2024 Lords Chamber

[The Earl of Lytton (CB)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I draw the attention of the House to my direct descent from Lord Byron and my involvement with the Byron Society in London and also in Missolonghi, Greece.

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

My Lords, His Majesty’s Government appreciate the great interest that the bicentenary of the death of the sixth Lord Byron has generated, both in the United Kingdom and overseas. The continuing fascination with his life and works has cemented his status as one of England’s greatest poets, and it is absolutely right that his legacy be honoured. The Government fully support the relocation of Lord Byron’s statue into Hyde Park, led by the Byron Society. Once in situ, the statue will become a retained asset of the Government.

[The Earl of Lytton (CB)]

My Lords, I thank the Minister very much for his reply, and particularly for his personal engagement and commitment to this. I draw to his attention that, in this House, in debate on 16 June 1958 about the then new Park Lane traffic scheme, Lord Mancroft, then speaking for the Government, said:

“It will be necessary to move one or two of the smaller memorials and statues, including Byron and the Cavalry and Machine Gun memorials, but, wherever possible, they will be re-sited in the vicinity”.—[Official Report, 16/6/1958; cols. 866-67.]


In the event, all were relocated, as far as I know, except Byron, which languishes in an isolated traffic island in the middle of Park Lane. In the light of the public fundraising that is going on to defray the cost of reversing both neglect and the fact that it has not been relocated as originally intended, and having regard to the bicentenary year, might the Government be prepared to assist financially in fulfilling the understandings given nearly 66 years ago, especially given that some department in the 1960s saved more than a bob or two in not moving the monument? I further suggest that it would be a rather appropriate way of honouring one of the nation’s major poets.

[Lord Parkinson of Whitley Bay (Con)]

The noble Earl is right to point out that the Government have moved rather slowly in this instance. Part of the difficulty has been the question of the ownership of the statue. I am very pleased that my department has been able to break that impasse by taking responsibility for the statue, so that it can indeed be moved into the main part of Hyde Park. It is currently stranded on an island far less enticing and accessible than those of the Peloponnese that Lord Byron frequented. Once the statue is moved to its new location, subject to the planning permission which is currently before Westminster City Council, the Government are happy to treat it as a retained asset, which means that the regular maintenance will be the responsibility of the Royal Parks but any major repairs needed will be the responsibility of my department. I saw the chief executive and chairman of the Royal Parks this morning for a catch-up on progress. The fundraising effort is being led brilliantly by the Byron Society, which I am delighted is holding a dinner here in your Lordships’ House on Friday, the actual anniversary of Lord Byron’s death, which will be addressed by my noble friend Lord Roberts of Belgravia.

[Lord Winston (Lab)]

My Lords, given the rise in traffic in London at present and the excessive traffic around that statue, and given equally the flamboyance of Lord Byron, would he not be rather grateful to be seen by as many people as he is, rather than being in Hyde Park?

[Lord Parkinson of Whitley Bay (Con)]

As part of its plans, the Byron Society is preparing a programme of engagement and education, which is wonderful, so that in its new location the statue will be able to inspire future generations of poets and philhellenes, and of course be much more easily accessed so that it can be maintained and repaired.

[Lord Roberts of Belgravia (Con)]

My Lords, the siting of the Byron statue in the dual carriageway is mad, bad and dangerous to show. Does the Minister agree that the great British public, who have poetry in their souls, should go to www.thebyronsociety.com and help pay for the relocation to Hyde Park?

[Lord Parkinson of Whitley Bay (Con)]

I congratulate my noble friend on his poetic exhortation. The Byron Society has received support from the Heritage of London Trust but welcomes support from members of the public. I would encourage them to do that, so that the statue can be moved, I hope in this bicentenary year.

[Baroness Pinnock (LD)]

My Lords, Ada Lovelace, who is credited with being the world’s first computer programmer, was Lord Byron’s daughter. Her achievements are truly remarkable and surely worthy of a prominent statue in London, especially as there are more statues to animals in London than to named women. Does the Minister agree?

[Lord Parkinson of Whitley Bay (Con)]

I certainly do. The noble Baroness is right to remind us that, sadly, Lord Byron’s marriage was brief and unhappy, but his pioneering daughter, Ava Lovelace, deserves recognition and to be remembered. Her portrait was hung in some of the state rooms in Downing Street until recently. It would be wonderful to inspire future generations of women and girls to go into computing, engineering and whatever field they choose.

[Lord Baker of Dorking (Con)]

Normally one is memorised in our country by a stone slab in Westminster Abbey. I think it is unlikely that the Church of England would welcome one for Byron, but he was, from 1809, when he went to Greece, a Member of this House, so could we not find a niche for him here somewhere? How many noble Lords can remember a Peer who sat in this House from 1800 to 1820? Are there any names to be offered? No. If tourists saw a statue of Bryon, they would find this House rather more interesting.

[Lord Parkinson of Whitley Bay (Con)]

My noble friend makes an important point. Lord Byron made a number of contributions in your Lordships’ House, speaking in defence of the Luddites. He was politically engaged throughout his career. Of course, we recall his support for Greek independence—in fact, the marble for the statue was donated by the Greek Government in recognition of that. His legislative contributions bear rereading and remembering in Hansard.

[Noble Lords]

Hear, hear!

[Lord Bassam of Brighton (Lab)]

My Lords, Lord Byron is rightly canonised as being symbolic of the international contribution that UK art and literature make to the world. Byron himself once said:

“But words are things, and a small drop of ink,

Falling like dew, upon a thought, produces

That which makes thousands, perhaps millions, think”.

In Greece, they celebrate National Byron Day on 19 April. Does the Minister think we should have a Byron day to celebrate the arts and the contribution that they make to our industry and culture? Does he agree that it will take more than moving the statue to ensure that we continue to revive our cultural sector?

[Lord Parkinson of Whitley Bay (Con)]

I hope that the campaign to move the statue into Hyde Park, where it can be seen and admired by more people, will help to inspire people into art, whether that is sculpture or poetry, and to investigate history. The efforts of the Byron Society to promote this legacy are important. Many towns in Greece have an Odos Vyronos—that is, a Byron Street. He is perhaps better commemorated in Greece than in the land of his birth. I hope that this bicentenary will help inspire new generations of admirers.

[The Earl of Clancarty (CB)]

A wider concern here is the protection and conservation of all our public sculpture and heritage, from ancient to contemporary, including concerns over stone and metal theft. Has the Minister seen the excellent recent report by the APPG on Metal, Stone and Heritage Crime and the important recommendations it makes in relation to heritage crime? Is the department working closely with the Home Office in this area, as well as with Historic England?

[Lord Parkinson of Whitley Bay (Con)]

I am happy to reassure the noble Earl that, yes, we are. Historic England does a great deal of work, working with police forces across the UK on this important issue. We have to protect our public statues from, alas, vandalism and theft, and from the challenges of climate change. On this, the department, Historic England and many others work closely.

[Lord Kirkhope of Harrogate (Con)]

My Lords,

“To have joy, one must share it”.


That is a quotation from Lord Byron. He is hardly being shared where he is presently located. Indeed, the proposals to go to Hyde Park seem almost as bad. Will my noble friend the Minister look carefully at the activities of the Fourth Plinth Commissioning Group at Trafalgar—or “Trafulgar”—Square, where we have seen recently some very interesting choices being made as to who should occupy that plinth. In the final run-off, before announcements were made, it included a great sweet potato and an ice-cream van. Surely Lord Byron deserves better, and would be better placed there to give to the people of this country the joy that he wishes us to share.

[Lord Parkinson of Whitley Bay (Con)]

As Arts Minister, I am certainly not an art critic. I have always lived by the motto “de gustibus non est disputandum” when it comes to the selection of artwork. The matter of the fourth plinth is the responsibility of the Mayor of London, but I certainly share my noble friend’s hopes that, in moving the statue of Lord Byron to its more prominent place by Victoria Gate, more people will be able to admire this wonderful bronze work by Richard Belt, as well as the very kind Greek donation of the marble, and learn more about Byron’s life and works and be inspired by them.

Regional Arts Facilities

Lord Parkinson of Whitley Bay Excerpts

Wednesday 27th March 2024 Lords Chamber

[The Earl of Clancarty]

To ask His Majesty’s Government what steps they are taking to protect regional arts organisations and facilities funded by local authorities, particularly where those local authorities are facing financial difficulties.

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

My Lords, we recognise that local authorities face challenges. That is why we have announced an additional £600 million to bolster our existing support, alongside our £64 billion local government finance settlement. We have also made permanent the increases to cultural tax reliefs and provided support for energy bills over the past two years. DCMS continues to advocate for and help local decision-makers understand the full value of culture, including through our culture and heritage capital programme.

[The Earl of Clancarty (CB)]

My Lords, local government funding has been the foremost means of support for our arts and cultural services. How then will the Government address the significant underfunding which, over so many years, has deprived organisations across the country of the core investment essential to the day-to-day running of our museums, galleries, libraries, theatres and orchestras? Does the Minister accept that tax relief and the kind of capital investment the Arts Council announced this week, though welcome in themselves, are not the solution to a problem now driving our arts and cultural services to the point of collapse?

[Lord Parkinson of Whitley Bay (Con)]

The noble Earl is right to point to the importance of local government, which is a bigger funder of the arts than national government or the Arts Council. It is a really important partner. He points to the things that the Government have done through the cultural tax reliefs—making them permanent is an important part of the help, alongside the support we have given to organisations in the face of rising energy costs. But, as I said in my initial answer, my department advocates for the importance of cultural spending, not just because it is a good in itself but because it is a way for local authorities to deliver many of their other statutory obligations in education and in health and well-being. That is why we capture the data and measure it in a Green Book-compliant way, so that we can have the conversation with our colleagues at the Treasury and bring the successes that we saw in the Budget, but also so that we can make that case clearly to our colleagues in local government.

[Baroness Foster of Aghadrumsee (Non-Afl)]

My Lords, one of the most important cultural institutions in Northern Ireland is the Linen Hall library in Belfast. As a member, I would be delighted to host the Minister in the Linen Hall the next time he is in Belfast, so he can experience it for himself. It has been there since 1788 and it holds collections of national and international significance—yet it is significantly underfunded. Will the Minister think about the possibility of looking at all the UK cultural institutions that are critical to cultural well-being across the UK? I think it would be very useful to find out where the critical institutions are.

[Lord Parkinson of Whitley Bay (Con)]

Many elements of culture are devolved, as the noble Baroness knows, but other elements, such as the benefits through the National Lottery, apply UK-wide. I would be delighted to make the case for those benefits of our United Kingdom for cultural organisations right across the UK.

[Lord Addington (LD)]

My Lords, the Minister mentioned the fact that there is a cost—to things such as education and other bits of government—if you do not have these functioning properly. Can the Government give us some indication of the input needed from, for example, the Department for Education, to deliver an acceptable level of operation properly to the nation, and also the on-costs for things such as the night-time economy?

[Lord Parkinson of Whitley Bay (Con)]

Many of these things are the responsibility of local authorities. That is right—they are accountable to local people for the way that they deliver them, but they have statutory obligations, including in children’s services and education. The Department for Education works closely with local authorities as they discharge that duty and the Government provide help—my department allocated £33 million only this week for library services and museums around the country, helping people with their education outside school settings.

[Lord Wigley (PC)]

My Lords, does the Minister accept that, when local authorities cut back and have an impact on the arts in their own area, it impacts not only on the audiences, performing companies and organisations there but also on the touring arts companies? I think particularly of the Welsh National Opera, which circulates considerably in England. In looking at this Question, will he take a strategic attitude and have regard to the knock-on effect that that can have?

[Lord Parkinson of Whitley Bay (Con)]

I talked with the Welsh National Opera only last week about the importance and benefits of touring, as it does, between England and Wales. I am sure the noble Lord would share my despair that the Labour Government in Wales are cutting arts funding by 10% and considering reintroducing fees for museums. I hope that he sees the positive contrast with the increased budget that the Government provided to Arts Council England at the last funding round.

[Baroness Rawlings (Con)]

My Lords—

--- Later in debate ---

[Baroness Rawlings (Con)]

Thank you. My Lords, despite financial difficulties, some national museums are prevented by law from deaccessioning. What is the Government’s policy towards regional museums?

[Lord Parkinson of Whitley Bay (Con)]

As my noble friend rightly points out, some of the national museums are prevented in statute from deaccessioning items in their collections. Other museums are under the direction of their trustees, and about 18 months ago the Government, working with Arts Council England and the sector, provided some guidance so that the trustees of those collections were able to reflect on the importance considerations as they made those decisions.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, the Minister will know that, for the past 40 years—probably more—the arts sector in this country has been reliant principally on three sources of income: one is what it can earn for itself through trading, another is the public funding that comes from the Arts Council and local authorities, and the third is private giving. He will also know that all three of those funding streams are currently under enormous pressure. Therefore, while accepting and being grateful for the work that the Government have done recently, in view of the widespread challenges that all arts organisations are currently facing, does he think that it is enough?

[Lord Parkinson of Whitley Bay (Con)]

The noble Baroness is right. All three elements that she mentioned are important, and all three are facing challenges at the moment. That is why we were so pleased that the Chancellor agreed to make permanent the tax reliefs in the Budget, because that encourages the sort of risk-taking experiment, such as touring a new production, that can help be a part of the commercial income of our brilliant arts organisations. I am glad that the noble Baroness has agreed to join the advisory panel for Dame Mary Archer’s review of Arts Council England, which can look at this important landscape and, I hope, inform the review and the recommendations that it makes to government.

[The Earl of Kinnoull (CB)]

My Lords, I declare my interest as set out in the register. Tomorrow sees the opening of the new Perth Museum, which is the new home for the Stone of Scone, or the Stone of Destiny. This has been made possible by £10 million of funding from the UK Government, and also substantial funding from the local council. This has been a brilliant model and will be transformational for Perth. Can the Minister tell us a bit more about whether the Government will make more of these types of transformational investments—capital investments—to allow regions that are relatively deprived to have vibrant arts and cultural organisations?

[Lord Parkinson of Whitley Bay (Con)]

The noble Earl is right to point to the importance of partnership working. The Government are very proud to have contributed towards the museum in Perth and the new home for the Stone of Scone—I hope that the opening tomorrow goes well. In the Budget, we also joined the Welsh Government and Flintshire county council in supporting Theatr Clwyd, which does important work not just in north Wales but in the north-west of England. I had the pleasure of visiting the theatre and seeing the renovation that has been done there. Through both the levelling up fund and the UK shared prosperity fund, the UK Government are playing their part in helping arts and culture in every part of the United Kingdom.

[Lord Bassam of Brighton (Lab)]

My Lords, I know the Minister supports Labour’s view of a positive approach to the arts and to culture. The UK originates blockbuster films; it is one of only three net exporters of music; we are the second-largest advertising supporter and the largest book exporter; and the cultural sector, as the Minister well knows, supports 2.5 million jobs and is worth £125 billion. Yet, in 2021, the Government said that arts subjects were not a strategic priority. Given that culture is one of our most dynamic and growing sectors, is this still official Government policy? If it is, will the Minister commit to reviewing and reversing this damaging and neglectful approach to our arts and cultural industries?

[Lord Parkinson of Whitley Bay (Con)]

The noble Lord is absolutely right to point to the importance of arts and culture to our economy, as well as our society. It is one of the Chancellor’s five priority areas for the economy, and that was reflected in the Budget through the tax reliefs and through the direct investment that was made. He is also right to talk about the importance of cultural education, so that we can unleash the talents of everybody and make sure that future generations have the ability to join, enjoy and pursue a lifetime in arts and culture. That is why I am delighted that the noble Baroness, Lady Bull, is helping lead the advisory panel to inform our new cultural education plan, working jointly with DCMS and the Department for Education.

Human Rights: Sportswashing

Lord Parkinson of Whitley Bay Excerpts

Thursday 21st March 2024 Lords Chamber

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

My Lords, I too have greatly enjoyed this excellent debate. I thank the noble Lord, Lord Scriven, for securing it and setting it out in the way that he did. It has taken in a great sweep of history: the 1936 Olympic Games in Berlin and the 1980 Games in Moscow featured prominently, of course, but the noble Baroness, Lady Bennett of Manor Castle, took us back to Mount Olympus and even greater historical roots.

It was a debate where there was genuine disagreement on points of principle, set out eloquently in the opening speech by the noble Lord, Lord Scriven, and the powerful contributions from my noble friends Lord Moynihan and Lord Hayward, the noble Baroness, Lady Grey-Thompson, and the noble Lord, Lord Thomas, and I thank them for that. We have seen competing ideas playing out in this arena in a great reflection of the very best value of sporting events, and it was good to have that reflection. It is important to touch on the vital issue of human rights, which are of course of the utmost importance. We must ensure that the Government and our sporting bodies work together as one on this.

Beyond the game played on a pitch, field or track, sport is a way for people of all nations to display pride in their country and to show off the very best of their nation on the world stage. That is something that the nations of the UK do, just as countries around the world do. We are blessed with an abundance of sporting assets in this country, such as the Premier League, our rugby and cricket teams, and a large number of internationally renowned sports men and women, including our wonderful Olympic and Paralympic athletes who are due to compete on the global stage once again in Paris this summer, and I am sure noble Lords will want to join me in wishing them the best as they do so.

The UK has a proud record of hosting major sporting events. Since the London 2012 Olympics, which my noble friend Lord Moynihan, the noble Baroness, Lady Grey-Thompson, and others were instrumental in, we have hosted some of the biggest sporting events in the world, included the Tour de France in 2014, the Rugby World Cup in 2015, the Commonwealth Games in Birmingham in 2022, the Rugby League World Cup in 2021 and the UEFA Women’s Euros in 2022. We are set to continue our stellar hosting reputation with the Women’s Rugby World Cup next year, not to mention the UK and Ireland securing the men’s UEFA European Championships 2028. Every year we host a number of the world’s biggest annual sporting events, including Wimbledon and the British Grand Prix at Silverstone—which I was delighted to see will remain the home of the British Grand Prix for at least another 10 years thanks to the signing of a 10-year deal to host it all the way through to 2034.

As noble Lords reflected in their contributions, major sporting events are not just for the fans and the people who love watching live sports; they have a much wider impact, one that is felt around this country and around the globe. They help to bring pride and touch the lives of many people in meaningful ways. They inspire people to get active and to push themselves. It is not just our teams, our leagues and our professional athletes that make their mark globally; major sporting events can be used as a way to catalyse investment in facilities to ensure that anyone who wants to take part in sport is able to do so. We have seen that with the Government’s direct investment of over £325 million in improving grass-roots facilities across the UK, as well as the Lionesses Futures Fund, which provides £30 million for 30 state-of-the-art facilities to increase access for women and girls, as well as to celebrate the successes of the Lionesses.

Major sporting events are an excellent way to demonstrate to the world the best that this country has to offer: our infrastructure, our expertise, our culture, and of course our people. Sport shows the very best of humanity and is important in bringing countries together, particularly in difficult circumstances or in times of conflict or uncertainty. It allows us to build bonds with other nations through friendly competition and by sharing a common human experience. The effects of such great sporting moments ripple beyond our athletes and those who are directly involved in putting on these events by allowing millions of people across the globe to share and learn about each other’s cultures and values.

We continue to engage on an international level and directly with other nations about the importance of those values, but we recognise that, crucially, sport is autonomous. Participation in international sporting events is a matter for relevant international sports federations and the national representatives to them. The UK’s sports bodies operate independently of government and, indeed, enshrine that political freedom in their rules and regulations. It is not for the Government to direct or mandate with whom our sports bodies must or must not engage.

On human rights, however, the UK believes that strong democratic institutions and accountable Governments who uphold human rights and the rule of law are key, fundamental building blocks for secure and prosperous societies. Protecting a stable and open international order that safeguards human rights is the cornerstone of UK foreign policy. Globally, our work on human rights is tailored and responsive to the context of individual countries, but, through sustained engagement, often in collaboration and partnership with others, the Foreign, Commonwealth and Development Office works to exert influence over the long term to achieve impact.

In his opening speech, the noble Lord, Lord Scriven, asked me a number of questions, which I will address now. He asked, first, whether the Government have a working definition of “sportswashing”. The short answer is that we do not. The UK believes that strong, democratic institutions and accountable Governments who uphold human rights and the rule of law are fundamental building blocks for secure and prosperous societies, as I said, and has that tailored approach, responsive to each country’s context. We do not seek to define a disparate group of actors and their aims, and we do not consider the question of human rights to be a sports-specific issue, in the same way that it is not a culture-specific issue. We look at it, in and of itself, through many lenses, including sport.

The noble Lord asked particularly about Bahrain, a country with which the UK provides technical assistance for ongoing reform, supporting progress in a number of human rights areas, including alternative sentencing, juvenile justice laws and the development of oversight bodies. The progress that we have seen from that work was reflected in the recent decision to remove Bahrain as a human rights priority country by the Foreign Office. We believe that engagement and support for Bahraini-led reform has delivered, and will continue to deliver, more than disengaging would.

The noble Lord, Lord Scriven, understandably raised the case of Sayed Hashim, as did the noble Baroness, Lady Bennett. The Foreign Office is aware of Sayed Hashim’s detention and we encourage the Government of Bahrain to meet all of their human rights commitments. We also encourage those with specific concerns to raise them directly with the appropriate Bahraini oversight body. I know that the noble Lord campaigns diligently on this and other cases in relation to Bahrain.

The noble Lord also asked about the new independent football regulator. I look forward to the debates we will have on that Bill when it comes to your Lordships’ House—it is a Bill of two Houses—but we have had a very useful anticipation of some of the issues that we will rightly look at when it is here for your Lordships’ scrutiny. On whether the new independent regulator would seek to prevent takeovers or look at questions of ownership on the basis of foreign policy or human rights concerns, or the roles of foreign Governments, the tests for the new regulator have been designed to reduce the risk of unsuitable custodians of teams, without deterring investment.

We do not believe that the new independent regulator should get involved in issues of foreign policy; that is rightly a matter for the Government, accountable to Parliament as they are. In fact, the new independent regulator will have a statutory duty to have regard to the Government’s foreign and trade policy objectives, so that it can follow the things that Parliament has scrutinised and the Government have set out.

We do not think it would be appropriate for a football regulator to make unilateral assessments of human rights concerns. If an owner or officer is sanctioned in accordance with the Global Human Rights Sanctions Regulations, which the Government brought forward and were approved in 2020, they would most likely be prohibited from being a club owner or director. The regulator’s primary focus is the financial sustainability of clubs and the industry, in the way that the noble Lord, Lord Bassam, alluded to. Clubs have many ownership types, including state ownership or owners who may be connected to foreign Governments—but I look forward to debating this more in our consideration of the Bill.

Finally, the noble Lord, Lord Scriven, asked about His Majesty’s ambassador to Bahrain and the grand prix there—a point that the noble Baroness, Lady Bennett, also followed up. The ambassador and his colleagues—and, indeed, colleagues at the Foreign Office here in London—regularly engage with Bahrain on human rights issues. That includes attending sporting events such as the grand prix; His Majesty’s ambassadors around the world attend a number of sporting events hosted in countries. The events are an opportunity for them to have conversations and raise issues, as they do.

We are proud that Formula 1 is headquartered in London, with its technical operations based in Kent. We are proud that seven of the 10 Formula 1 teams are based in the UK. Currently, over 6,000 people are employed directly through the sport in the UK, with over 4,500 suppliers. Formula 1 itself has made it clear that human rights are mentioned in the contracts it signs and that any adverse human rights issues arising from its events will not be tolerated—that includes media, freedom of speech and peaceful and lawful protest at events. But, whatever the sport, we are clear that we expect all our businesses to comply with all applicable laws to identify and prevent human rights risks and to behave in line with the guiding principles on business and human rights, including in their management of supply chains here and overseas.

[Baroness Bennett of Manor Castle (GP)]

Before we get away from the video, will the Minister defend the words that the UK ambassador said in it?

[Lord Parkinson of Whitley Bay (Con)]

I have not seen the video, and I do not want to defend words I have not heard. I have set out how His Majesty’s ambassador and all Crown servants overseas follow the policies of His Majesty’s Government and are rightly held to account for what they say publicly—but my colleagues at the Foreign, Commonwealth and Development Office are perhaps better placed to discuss that.

It is important that we continue to have direct conversations on human rights and other important matters. The UK continues to show global leadership in encouraging all states to uphold international rights obligations and to ensure that those who violate human rights are held to account. The noble Lord, Lord Scriven, mentioned the World Cup in Qatar, where I hope he saw that my right honourable friend Stuart Andrew—the Minister for Sport and the Minister for Equality—made the point directly by wearing the OneLove rainbow armband when he attended. By doing so, he showed that we do not shy away from these conversations and gestures. Following the tournament, we continue to engage with Qatar, which has moved forward on labour rights, as noted by noble Lords, including my noble friend Lord Moynihan, who pointed to the independent monitoring done by the International Labour Organization.

The benefits of inward investment are key in international sport. In the last decade, there has been an unprecedented level of interest and a flow of private capital investment into the sports sector globally, particularly from international institutional investors. Like others, I think my noble friend Lord Hayward did us a great service in this debate by touching on the importance of sponsors. The Government have consistently supported the UN guiding principles on business and human rights, which are widely regarded as the authoritative international framework to steer practical action by both Governments and businesses across the world in this important area.

The last decade has seen growth in a number of areas across sport, with significant levels of new and innovative investment, particularly in women’s sport. The Government have outlined the important role of inward investment in our sports sector through their recently published sports strategy, which works to encourage investment in our sport system in a sustainable manner. We will work across government departments and with external partners to highlight best practice and opportunities for inward investment in our domestic sport, including women’s sport.

In July, the Government hosted the inaugural investment in sport symposium, bringing people from the sector together with investors and other associated organisations to discuss the opportunities that are available. We have also launched a new women’s sport investment accelerator pilot scheme, which brings UK-based women’s sports rights holders who are seeking investment together with industry experts and investors. We believe there are further opportunities within the sector, in the form of viable investment propositions for the right investors who are committed to the long-term growth and health of the sport.

I am grateful to the noble Lord for what has been a timely debate and a chance to look ahead to the debates we will have on the independent football regulator, but also a powerful opportunity to remind us of the importance of how the Government engage with countries around the world through sport and in other ways, to the benefit of the UK, our sportsmen and sportswomen, and the millions of people across the country who enjoy sport in all its forms.

I was struck by what the noble Lord, Lord Thomas of Gresford, said. There is a powerful lesson in the example of Lloyd George, whose comments about the impression he formed at the 1936 Olympic Games are difficult to hear, not just for the noble Lord and his colleagues on the Liberal Benches but for us all. But I am glad that, as we look back on those Olympics, it is the figure of Jesse Owens, with his impressive four gold medals, that looms larger in the historical imagination, underlining the importance of seizing the opportunity of sporting events to advance important conversations on matters of human rights and politics, which, as noble Lords have rightly said, are often intertwined.

News Broadcasting: Regulation

Lord Parkinson of Whitley Bay Excerpts

Thursday 14th March 2024 Lords Chamber

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

My Lords, I too thank the noble Lord, Lord McNally, for securing today’s debate and join in the commendation paid to him on his role in the Communications Act 2003 and the important work that it ushered in for the regulation of our media and broadcasting landscape over the last two decades. This is an important issue that he has been involved in not just for those 20 years but before as well. I agree with him that the issues that he puts before your Lordships’ House today are as important today as they have ever been. They are timely, too, with our debates that are taking place on the Media Bill.

We are very proud of the UK’s world-renowned broadcasting sector, through which British-made programmes are enjoyed by audiences both at home and across the globe. The regulatory framework that underpins that landscape is also looked to internationally as the gold standard for proportionate, fair and independent regulation. It is that framework which means that UK audiences know that they will be appropriately protected from harm and that they are able to complain to the independent regulator, Ofcom, if they have concerns.

Quality broadcast news has a long and proud history in this country and is an essential element of our media landscape. It supports our global reputation as the home of outstanding news journalism. Our regulatory system for broadcasting, put in place by Parliament, supports this. It ensures that audiences can encounter a diverse array of voices and perspectives, just as we have had in this short debate, and that they have access to fair and balanced sources of news. That is particularly important when we consider the influence that broadcast news can have on those who watch it, and the huge reach of TV content across the UK.

Recent Ofcom research shows that broadcast television is the most used platform for news content, watched by 70% of all adults in the UK. UK audiences also consistently rate television news as more accurate and trustworthy compared to other sources of news such as social media. The significant place that broadcast news has in our television and news landscape is what makes its regulation, and indeed debates like this, so important.

The Government are strongly committed to a pluralistic media. It is essential that audiences are able to access news from a range of sources, not just broadcast news, to allow them to form opinions in a considered and nuanced way. There is an important balance to be struck here to ensure that the protections in place for audiences are strong and effective but that those do not have an undue impact on the UK’s free and independent media, on which we rightly pride ourselves.

I agree with the noble Baroness, Lady Bennett of Manor Castle, that it is important to arm those who consume our news with the critical thinking skills that they can get from learning subjects at school such as history, art and English literature. That is an issue that we discussed on the Online Safety Act and which we are looking at as we work on our cultural education plan. It is important to equip future generations to consume the news in a critical and thinking way.

It is in the context of a free and independent media that we consider Ofcom as the regulator of broadcast news content. Ofcom’s independence is an underlying principle of its function, and by law it carries out its duties independently of the Government. Ofcom is accountable to Parliament, with its duties and enforcement powers set out in statute, and we are confident that it has the resources it needs to carry out its important job.

As noble Lords are aware, Ofcom is required by legislation to draw up and enforce a Broadcasting Code for television and radio to ensure that audiences are adequately protected from harm. The code sets out rules so that these protections for audiences, including rules specifically to protect children, ensure that audiences are protected from harmful or offensive material and that broadcast news, in whatever form, is reported with due accuracy and impartiality. Ofcom regulates programmes as broadcast against the code. It is for Ofcom to determine whether there has been a breach of the code and whether to take any action.

The noble Lord, Lord McNally, and others raised the comments made earlier this month made by the head of Ofcom, Dame Melanie Dawes. Ofcom has been clear that its rules requiring due impartiality apply equally to all broadcasters. Under its code, Ofcom takes into account a range of factors when considering complaints, including the nature of the subject, the type of programme and channel, and the likely expectation of the audience regarding the content.

Importantly, in making any decision, Ofcom is required by legislation to strike a balance between ensuring an appropriate level of freedom of expression and adequate protections for audiences from harmful material. There are a number of sanctions available to Ofcom where a breach of the code has been found, as the noble Baroness, Lady Jones of Whitchurch, said. This includes levelling a fine and, in extreme cases, amending or revoking a broadcaster’s licence to broadcast, as has been done.

The Government consider that the enforcement powers given to Ofcom are appropriate and sufficient to provide a deterrent to organisations from breaching the rules. There are numerous examples of Ofcom using these enforcement measures to ensure that Broadcasting Code rules are upheld. It is rightly for Ofcom to determine the timing of its investigations and what sanctions, if any, are appropriate. While I understand the concerns raised by noble Lords about the length of time this can take, I hope they would also agree that it is important that Ofcom follows the requirements in legislation to make careful and nuanced judgments, and to take the time to do that and hear representations from all parties concerned.

Ofcom also has a duty to keep the Broadcasting Code under continual review. This is to ensure that the code remains up to date and continues to reflect the current viewing and broadcasting landscape. In this way, the regulatory framework is designed so that Ofcom can ensure that its regulation of content can adapt to the shifts in technology and audience expectations that we see in broadcasting today.

I will also touch on the regulation of the providers of news broadcasting, rather than just the content that appears on these channels, as I have discussed so far. Ofcom has an ongoing duty to be satisfied that the person holding a broadcasting licence is fit and proper to hold it. If any evidence came to light and Ofcom ceased to be satisfied that a licensee was fit and proper, Ofcom would move to revoke that licence, as it has in the past.

I also recognise the vital work of the Communications and Digital Committee of your Lordships’ House, expertly chaired by my noble friend Lady Stowell of Beeston, and of which the noble Lord, Lord McNally, is a valued member. The committee is currently undertaking an inquiry into the future of news, which recognises the challenges faced by news providers in the current landscape, where we are seeing new technology, shifts in the ways that audiences access information, and concerns about trust and impartiality. This is a very important and complex topic, and one that is essential to consider if we are to face these challenges head on and work to maintain the delivery of trustworthy and well-respected news media in this country. My department has submitted written evidence to the committee on this subject, which I hope will be of use to it in the inquiry. We look forward to its report and the recommendations it may have.

With renewed thanks to the noble Lord, Lord McNally, for the opportunity to discuss the debates today and recognising that we will continue many of them in our deliberation on the Media Bill, I thank him for bringing forward this Question for Short Debate.

TV Licence Non-payment: Women

Lord Parkinson of Whitley Bay Excerpts

Tuesday 5th March 2024 Lords Chamber

[Baroness Hoey]

To ask His Majesty’s Government what assessment they have made of the number of women who have been prosecuted for non-payment of the television licence in the past two years.

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

My Lords, the BBC is responsible for the collection and enforcement of the licence fee and it has undertaken a review of the disparity between the sexes in prosecutions for TV licence evasion. His Majesty’s Government remain concerned about the fairness of the criminal sanction for TV licence evasion and its disproportionate impact on women. That is why the issue will be considered in the BBC funding model review.

[Baroness Hoey (Non-Afl)]

I thank the Minister for that. He will realise that about 1,000 people a week are prosecuted for non-payment of their licence—of whom 70% are women. Recently, the use of the single justice procedure with one magistrate has meant that the mitigating circumstances are often not heard. The magistrate may even be sitting at home. The elderly, the disabled and the poorest are most likely to be prosecuted. Capita gets £456 million from the BBC for the use of its investigators, most of whom are on a bonus pay scheme, dependent on how many prosecutions they get. Does the Minister not agree that it is time to decriminalise the non-payment of the BBC licence fee, as the Government promised on many occasions before the last general election?

[Lord Parkinson of Whitley Bay (Con)]

It is important to emphasise that licence fee evasion is not an imprisonable offence the maximum sanction is a fine of up to £1,000. But the noble Baroness is right to point to the disproportionate impact it has on women. As I said, the Government remain concerned that a criminal sanction for licence evasion is increasingly disproportionate and unfair in our modern public service broadcasting system, which is why we will look at the matter as part of the future funding review.

[Baroness Owen of Alderley Edge (Con)]

My Lords, some 90% of 18 to 24 year-olds stream their content instead of watching TV channels. What does the Minister see as the future of the BBC licence fee to a generation growing up with subscription-based services?

[Lord Parkinson of Whitley Bay (Con)]

My noble friend is right. The uptake of TV licences has fallen by around 1.7 million from its peak of nearly 56 million in 2017. As people consume media in different ways, the model looks increasingly obsolescent. That is why, as part of the future funding model, we want to ensure that we are giving the BBC and our public service broadcasters the funding they need to continue to produce programmes that are much admired for an audience which consumes television in different ways.

[Lord Addington (LD)]

My Lords, does the Minister agree that the BBC is taking steps to try to lessen the effect of this through its newly proposed scheme of spreading out payments? Will the Government assist the BBC in collecting its revenue, so that it can carry on producing the programmes that most of us are still watching?

[Lord Parkinson of Whitley Bay (Con)]

Yes. I commend the work that the BBC has done: it commissioned a gender disparity review, with which I believe the noble Baroness, Lady Young of Hornsey, from your Lordships’ House, helped assist. We welcome the 10-point plan that the BBC has set out, flowing from that review, but we will look more broadly at the issue of criminal sanctions as part of future funding.

[Viscount Colville of Culross (CB)]

My Lords, I declare an interest as a former BBC TV producer. The BBC has previously said that decriminalising licence fee evasion and switching to a civil system would cost it more than £1 billion over five years. Does the Minister agree that this would lead to huge cuts in programming and a big hit to an already struggling creative economy?

[Lord Parkinson of Whitley Bay (Con)]

No. We want to look carefully at the issue of how we make sure that the BBC continues to get the funding that it needs to produce the wonderful programming that is much admired. But, in light of the trend that I have outlined, in which fewer people are buying a licence fee in the first place, of course we will make sure that we speak to the corporation as part of that review—but we are doing so with its best interests in mind.

[Lord Sikka (Lab)]

My Lords, it is not just the withdrawal of free TV licences for the over-75s that hurts women the most; numerous other government policies are anti-women. For example, real wage cuts in the public sector hurt women the most, as most of the workforce is female. Other examples include the gender pay and pension gaps, the two-child benefit cap, real cuts in benefits and lower state pensions for women. Can the Minister explain why the Government do not assess the gender gap of all their policies?

[Lord Parkinson of Whitley Bay (Con)]

The Government are committed to making sure that everybody—men and women—can reach their full potential and play their full part in our society and economy. We bring forward policies to try to make sure that everybody can do that. In this instance, I am glad that the BBC has looked at the gender disparity, recognising the impact of licence fee sanctions on women—and the Government have set out their thinking on that, too.

[Lord Moore of Etchingham (Non-Afl)]

My Lords, when I was fined for refusing to pay the television licence fee by Hastings magistrates’ court, I observed that all the other people being charged were single mothers and wondered why that would be. Does the Minister think that it could be to do with the very fact that they are vulnerable? That is to say, they are in the same place—they cannot escape from the place where they live—and can be easily caught; therefore, they are what officials call “low-hanging fruit”.

[Lord Parkinson of Whitley Bay (Con)]

The noble Lord is right: women make up around 75% of people prosecuted for TV licence evasion. As the overall number of prosecutions has fallen, the number of women and vulnerable people affected has also fallen. But, as my right honourable friend the Secretary of State outlined, we are very concerned about the appropriateness of a criminal sanction in these matters, and we will look at this as part of the BBC’s future funding review.

[Lord Jackson of Peterborough (Con)]

My Lords, with the collapse in the funding model underpinning local newspapers and the closure of so many local newspapers, does my noble friend agree with me that it is vital that the BBC continues to invest in the local democracy service, particularly local radio stations, to hold to account local decision-makers throughout the country?

[Lord Parkinson of Whitley Bay (Con)]

Yes, the BBC does very important work through the Local Democracy Reporting Service. Local radio stations provide hugely important information and news to their local communities, as I set out in our Second Reading debate on the Media Bill, where I know we will talk about these important matters further.

[Lord Watts (Lab)]

My Lords, is it not the case that at present we are seeing an increase in the amount of propaganda that comes from areas such as GB News? Can the Minister assure us that the BBC will be left with the revenue needed to counteract that, and the problems of social media as well?

[Lord Parkinson of Whitley Bay (Con)]

Ofcom, not the Government, regulates the provision of news, whatever channel people receive it on. The BBC receives some £3.8 billion in licence fee income; that income allows it to provide its important and impartial news, both at home and around the world.

[Lord Birt (CB)]

My Lords, this is indeed a troubling and concerning matter. Does the Minister think there is a case for moving the licence fee to a monthly payment, paid by standing order, in line with other broadcast subscriptions? At the moment, that would mean a payment of £13 per month.

[Lord Parkinson of Whitley Bay (Con)]

The Simple Payment Plan does help people pay the television licence fee at present. As I say, we are looking at all the ways in which the BBC might receive its funding in the future, taking into account the declining number of people paying for a licence, but looking at all options to make sure that it has the revenue it needs to continue doing the work for which it is much admired.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, the Government have known for some time about this injustice of the prosecution of a majority of women rather than men. Why are they not doing something about it faster, and when will the BBC review actually report?

[Lord Parkinson of Whitley Bay (Con)]

The Government consulted on decriminalisation of TV licence evasion in 2020, and we published our response in 2021. The appropriate time to make this decision is as part of the BBC funding model review, when we can look at the way we can get the sustainable funding for the corporation that everyone wants to see.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, the urgency with which people are suggesting this is looked at is not helped by the fact that we are going through a very serious financial time and it is likely that there will be more, not fewer, people in this difficult situation. First, can the Minister take note of what the original Question said—that there is a danger of this being abused by private companies that are incentivised to prosecute women in this situation? Secondly, we are spending a lot of time doing the Victims and Prisoners Bill—well, some of us are—and it seems so wrong to criminalise people who are vulnerable and victims. This has got nothing to do with BBC bashing; it has everything to do with recognising that women are being discriminated against unfairly for something which, given the scale of the problems facing society, the Government should really just deal with now.

[Lord Parkinson of Whitley Bay (Con)]

I hope I can reassure the noble Baroness that the number of women being prosecuted is falling. In the year ending June 2022, 35,000 women were prosecuted; in the year ending June 2023, 29,000 were. So the number is coming down, but the disparity between the sexes is indeed stark, with women still making up around three-quarters of people prosecuted. That is why we are glad the BBC has looked at this and has set out actions, and why we are looking at it as part of our future consideration of how the BBC should be funded.

Charities: National Minimum Wage

Lord Parkinson of Whitley Bay Excerpts

Thursday 29th February 2024 Lords Chamber

[Lord Faulkner of Worcester]

To ask His Majesty’s Government what steps they are taking to support charities which might struggle to pay salaries following the planned rise in the national minimum wage in April 2024, particularly those which provide support for adults with serious learning disabilities, and their families and carers.

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

My Lords, charities are vital to the delivery of social care services and to the support of families and carers across the country. His Majesty’s Government have made available an additional £8.6 billion in this financial year and next to support local authorities on adult social care and discharge. In addition, DCMS has awarded £76 million to charities and community organisations delivering front-line services, with a further £25 million to follow.

[Lord Faulkner of Worcester (Lab)]

My Lords, I am grateful to the Minister for that Answer. I declare an interest as patron of the Myriad Centre, a small and very successful charity providing adults with profound and multiple learning difficulties, and their carers and families, with support and a programme of activities in Herefordshire, Worcestershire and the West Midlands. It is heavily reliant on local authority support. It does not oppose the increase in the national minimum wage, of course, but if the minimum wage is increased by 9.8% and the contribution from Worcestershire is going to rise by only around 6%, there is going to be a shortfall that will widen year on year. This is one example. Will the Minister look at the problems of charities in that sort of situation—I have had correspondence from Mencap, which makes the same point—and see whether these gaps can be filled in some way?

[Lord Parkinson of Whitley Bay (Con)]

The noble Lord rightly points to the 9.8% increase to the national living wage, a record cash increase of £1.02 an hour from 1 April, which will give a pay rise to around 3 million workers. He is also right to talk about the implications for organisations such as charities. As I mentioned in my first Answer, the Government have made available up to £8.6 billion to support local authorities with adult social care and discharge in the next financial year. That includes £500 million announced last month to support local authorities with the cost of social care. In addition, the accelerating reform fund for adult social care will invest £42.6 million for local projects focused on transforming the care sector. We are providing support to those who are providing important care to vulnerable people in our community.

[Lord Young of Cookham (Con)]

My Lords, many early years providers are charities and voluntary organisations, including preschools and nurseries. Three-quarters of their costs are salaries, and many of their employees are on the national minimum wage. Since 2017 the national minimum wage has gone up by more than 50% but the funding rate from local authorities has gone up by 21%, undermining the viability of those organisations at the very time when entitlement to free childcare is going up. Will my noble friend the Minister make representations to the relevant department to see that the funding rates are increased, so that those organisations can continue to provide a quality service?

--- Later in debate ---

[Lord Parkinson of Whitley Bay (Con)]

I will pass on my noble friend’s representations; he is right. The impact assessment for the increase in the national living wage shows that the cost to charities and voluntary organisations is around £200 million over the next six years. That is the evidence we have, which we will share with relevant partners to make sure that they can carry on their work. As I have pointed to, DCMS provides substantial support for charities and all the wonderful work they do in so many ways across our country, including through our energy-efficiency scheme of more than £25 million to help them with the rising costs there.

[Lord Addington (LD)]

My Lords, does the Minister agree that we are very lucky that a lot of charities take on a lot of the heavy lifting that you could reasonably expect the state to do? They provide care for vulnerable groups. If the Government will not support charities directly, do they have a plan for if they fail?

[Lord Parkinson of Whitley Bay (Con)]

The noble Lord is right to point to the important contribution of civil society and charitable organisations—the Government recognise that. We saw that very clearly during the coronavirus pandemic, when we pledged £750 million to ensure that voluntary and civil society organisations could continue their vital work supporting the community during the pandemic. As I have pointed to, we see that in the face of the rising cost of living now.

[The Earl of Clancarty (CB)]

My Lords, can the Minister say whether he has had representations from museums and galleries about this? If so, what steps will the Government take to support them in the light of this change?

[Lord Parkinson of Whitley Bay (Con)]

Yes, I have discussed the same issue with museums and arts organisations. The rise in the national living wage has implications for employers of all sorts. Through our increased grant in aid, Arts Council England is supporting a record number of organisations in more parts of the country than ever before. I continue to discuss these issues with organisations of all sorts.

[Baroness Thornton (Lab)]

My Lords, I am very pleased that the Government recognise the contribution that civil society organisations, including social enterprises, make in delivering essential public services and that they stepped up magnificently during Covid. The Digital Markets, Competition and Consumers Bill currently before your Lordships’ House contains provisions on subscription contracts that charities fear will undermine gift aid provisions. Given that the Bill’s Report stage is fast approaching, what assessment have the Government made of the potential loss of income for charities if they remain subject to the new subscription rules? I accept that the Minister may not have that answer now, but it is an important question.

[Lord Parkinson of Whitley Bay (Con)]

It is indeed; I have been discussing it with my noble friend Lord Offord of Garvel and Kevin Hollinrake, the Minister in another place. We have had some useful meetings and representations from a number of charities and arts organisations with which DCMS deals. My noble friend Lord Mendoza has been pressing the issue from the Back Benches. I am glad that conversations are continuing as the Bill heads to Report.

[Lord Lexden (Con)]

My Lords, independent schools are not among the very smallest charities in our country but they are pretty small, with 75% of them having fewer than 500 pupils and 25% having fewer than 150. The issue that this Question raises will affect them. Will not the Labour Party’s proposal to slap 20% VAT on their fees do them grave harm, forcing many of those small charities educating children and families in their local communities to close? I declare my interest as president of the Independent Schools Association, which represents 650 schools, most of which are small, local charities.

[Lord Parkinson of Whitley Bay (Con)]

My noble friend speaks with great authority as the president of the Independent Schools Association, as he mentioned. He is right to point to the valuable work that independent schools do, not just for those they educate but for the community more widely, and to dangers of the policies advanced by the party opposite.

[Lord Davies of Brixton (Lab)]

My Lords, I am sure we all agree that workers in the charitable sector should receive decent pensions, but many charities are currently struggling with their pension provision, both financially and structurally. Will the Minister ask his officials to engage with representatives of the Pensions Regulator and the DWP to try to provide a practical way forward for charities that have this problem?

[Lord Parkinson of Whitley Bay (Con)]

Yes. My right honourable friend Stuart Andrew, the Charities Minister, regularly meets charities. I will ensure that the noble Lord’s point is passed on, so that he can have those discussions.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, in the course of this short debate the Minister has produced a large number of statistics involving sums of money that are eye-wateringly large if you look at them on their own, but it is very difficult to understand how those figures relate to the actual need in the sectors to which they are being applied. If I can take him back to the question from his noble friend—the noble Lord, Lord Young—the gap between the need of the early years providers and what is available to fund them is very considerable, and it is not being improved by what is happening in local authorities. Can he tell the House how that gap is to be addressed?

[Lord Parkinson of Whitley Bay (Con)]

The noble Baroness is right that these are eye-watering figures. As people live longer and the pressures on local authorities to deliver social care grow, we can see the implications for their budgets and spending. Those are part of the conversations that the Government have with local authorities all the time. As I said, just last month another £500 million was announced to support local authorities with the cost of social care, which we know is rising. Overall, local authorities’ core spending power is set to increase by 7.5% this year. We continue to have discussions to make sure that there is money available to local authorities to deliver that statutory responsibility and to continue to support the wonderful arts organisations, charities and others for which they do not a statutory responsibility but which can be part of delivering their statutory obligations by looking after people in so many ways.

[Lord Forsyth of Drumlean (Con)]

My Lords, does my noble friend the Minister recognise that the problems facing charities because of the rise in the minimum wage also affect hundreds of thousands of small businesses up and down the country? Furthermore, by increasing the minimum wage, surely there is a saving to the Government on benefits, such as housing benefit. Can that saving not be deployed in the interests of those charitable bodies addressed by this Question?

[Lord Parkinson of Whitley Bay (Con)]

The Government follow the recommendations of the independent Low Pay Commission. The evidence to date shows that the national living wage has given a pay rise to millions of people and reduced inequalities, without significantly harming employment prospects or having other adverse impacts. There are implications for businesses and charities—the Low Pay Commission’s impact assessments provide that evidence—but we are proud that, through the increase that comes in on 1 April, we will be giving a pay rise to around 3 million workers in this country.