Deregulation Bill

Debate between Lord Storey and Baroness Warnock

Thursday 5th February 2015 Lords Chamber

[Lord Storey (LD)]

My Lords, I, too, support the amendment. With the UK now the second largest exporter of television programmes, the commercial PSBs’ investment in content is part of the engine of the UK TV content market, driving the independent production sector and playing a critical role in supporting the rich talent pool, both on- and off-screen, across the UK, including the north-west, where I live.

UK programmes are not only hugely popular with UK viewers but have global appeal. These programmes demonstrate that the commercial PSBs are not only producing high-quality entertainment for viewers in the UK, free at the point of use, but producing a highly valued product that can be exported around the world and contribute to the growth of the creative industries, including in the regions, such as mine of the north-west. To be able to continue making these programmes, the commercial PSBs need to make a return on successful content investment, which my noble friends have clearly demonstrated that Section 73 is undermining.

Many noble Lords have referenced the Ofcom figures that show that between 2004 and 2012 there was a significant real-terms decline in PSB investment in original new programmes of around £800 million, and that between 2007 and 2012 there was a 29% real-terms decline in PSB spend on original new drama programmes. We should be very concerned about these numbers. The drama figure in particular links directly to the impact of personal video recorders and ad-skipping.

As has been pointed out, the UK broadcast market is evolving very rapidly as technology changes and convergence continues, altering the economics of the industry fundamentally. Therefore, retaining legislation such as Section 73, which was designed for the challenges of an analogue era, makes little sense in today’s highly competitive global media market.

Section 73 does not support the growth of the UK’s international television sector. It is putting our commercial PSBs’ ability to compete in a global market at risk. Contrast this with the UK’s main competitor internationally, the USA, which has a system that provides a “retransmission consent scheme”, which means that free-to-air broadcasters in North America are paid for delivering content to competing platforms. These payments, which amounted to $3.3 billion in 2013—nearly 15% of total broadcast television revenue—have been crucial to the continued viability of television broadcasters, contributing significantly to the new “golden age of television” in the US. They also accounted for less than 3% of cable operators’ revenues and have had little or no impact on pay-TV prices.

These fees have helped to sustain programmes that could not otherwise be made, such as regional news. They have also helped free-to-air broadcasters secure rights to sporting events that would otherwise be shown on pay-TV channels and have helped, or are helping, with technological changes such as the move to HD television.

No two television markets are exactly the same, but it is instructive that our key rival in international TV markets is taking such a different approach to maximising investment in original TV content. It cannot be right that we hold on to a system that increasingly does the opposite, particularly given that it has long since achieved its policy objective.

Like many of my noble friends, I have been waiting to see what the Government propose to examine with their intended consultation and, like them, I have been waiting some time to see when the proposed review will be published. I am also eager to know whether the recommendations that result from this consultation have any chance of being implemented. How will the Government ensure that this does not become just another issue kicked into the long grass as part of a consultation doomed never to see the light of day again, with commercial PSBs’ investment being put at risk all the while?

Section 73 has been discussed in detail as the Bill has progressed through Parliament, and I welcome this sensible amendment that would ensure that the Secretary of State has the power to repeal the whole of Section 73 without primary legislation. It seems a sensible solution that would not pre-empt the findings of the review yet would still mean that action could be taken at the earliest possible opportunity.

[Baroness Warnock (CB)]

My Lords, there could hardly be a more learned, well informed set of people than those of your Lordships who have spoken up till now. My connection with commercial television ended in 1980. The amendment before us sets right what was put wrong then. It was put wrong largely out of prejudice against the commercial sector and a failure to believe in the public service broadcasting demands that were even then made on commercial television, which were often regarded with suspicion. It seems to me well beyond the time when this amendment should be accepted. The thought that we have to wait still longer for a review, the contents of which we do not know, is quite absurd. I urge the Government to accept the amendment here and now.

Children and Families Bill

Debate between Lord Storey and Baroness Warnock

Tuesday 7th January 2014 Lords Chamber

[Baroness Warnock (CB)]

I support everything that my noble friend Lord Ramsbotham has said. This is an enormous opportunity and it would be disastrous if the Government did not seize it. It has long been an outrage that there is a large number of young people with special educational needs in places of detention. Nobody disputes the evidence that there is a huge number of such young people, and this is an opportunity to remedy the neglect that these children have had. I entirely agree that the present wording is such that local authorities may very well make no changes whatever, and the Ministry of Justice has no power to compel governors of such places to do what urgently needs to be done. I do not think that there can be any dispute about that, and I implore the Minister to come back with wording which is a great deal tighter and which will make the change that we all know has needed to be made for a long time.

[Lord Storey]

My Lords, we all know that 70% of these young offenders have special educational needs. We also know that 10% or 20% of them have statements. We know, too, that a huge number of them—I do not know the exact figure but 70% or 80%—will go on to reoffend. Therefore, it is really important that this group of young people gets the best possible special educational needs support. When this Bill first came out, I found it unbelievable that EHC plans would not be going with these young people into their institutions.

One of the hallmarks of the Bill has been the Minister’s desire to discuss, consult and listen to what people say, and I pay tribute to him for doing that. During the discussions on this matter, it has become clear to all of us that the number of young people in these institutions is declining, as is the time that they spend in them—thank goodness. The practicalities of getting their EHC plans to go with them becomes very difficult, particularly if you are talking about different local authorities, and therefore what the Minister is proposing seems sensible.

I also pay tribute to the noble Lord, Lord Ramsbotham, for his remarkable knowledge in this area. I agree with him, and I hope that when the Minister replies he will be able to refer to the concern that a lot of us share about the words “best endeavours”. Sadly, the justice system is not an educational system, and “best endeavours” is too wide a hope—for example, “I use my best endeavours to get up early in the morning but I don’t”. I hope that noble Lords can see the point that I am making. The use of this phrase is a recipe for not doing the sorts of things that we in this House want to see provided for these young people. Maybe the word to use is “responsibility” or “duty”—I do not know—but I hope that the Minister will indicate that he will look at this again and come back with exact wording to make sure that the special needs provision that we all want to see is provided.