BBC Charter
Debate between Lord Patten of Barnes and Lord Ashton of Hyde
Lord Ashton of Hyde
No, I did not say that. I said that the agreement says the memorandum of understanding should contain a dispute resolution mechanism. However, to take the position of the noble Lord, Lord Foster, what happens if that cannot be agreed? First, I am saying that if they cannot agree the memorandum of understanding, the DCMS and the Secretary of State herself if necessary will, if you like, bang heads together to make sure they can. But the noble Lord, Lord Foster, alluded to what happens if even that does not work. Then I am saying that the statutory basis on which the NAO goes in is what they will rely on. Having said that, it still cannot deal with editorial matters, but the problem is: what is an editorial matter?
Lord Patten of Barnes
Does that mean that, when the final decision is taken, the NAO’s Comptroller and Auditor-General will be the final arbiter—that the NAO will make the decision even if the Secretary of State sympathises hugely with the BBC?
Lord Ashton of Hyde
It is not a question of the Secretary of State sympathising or not on that. The only role I mentioned for the Secretary of State is making sure that the memorandum of understanding, which includes a dispute resolution mechanism, should be signed and agreed. But at the last resort, yes, the Comptroller and Auditor-General will be able to do his job using his statutory powers if the dispute resolution has not been agreed.