Cultural Objects (Protection from Seizure) Bill

Lord Vaizey of Didcot Excerpts

3rd reading
Monday 25th April 2022 Lords Chamber

Moved by

[Lord Vaizey of Didcot]

That the Bill do now pass.

[Lord Vaizey of Didcot (Con)]

My Lords, I will keep my remarks extremely brief. The Cultural Objects (Protection from Seizure) Bill amends Part 6 of the Tribunals, Courts and Enforcement Act 2007, which provides immunity from seizure for cultural objects on loan from abroad in temporary exhibitions in public museums and galleries in the UK. Cultural objects on loan from abroad featuring in exhibitions held in UK museums and galleries approved under the Act are at the moment protected from a court order seizure for a period of 12 months from the time when the object comes into the UK.

The Secretary of State for Digital, Culture, Media and Sport is responsible for approving these institutions in England, which can come under this regime, and the devolved Administrations have similar powers in other parts of the UK. To gain approval under the Act, the institutions must demonstrate that their procedures for establishing the provenance and ownership of objects are of a high standard.

When this Act was passed, 12 months was considered to be a very adequate period for objects to arrive in the UK and to be returned. During the Bill’s Second Reading, I mentioned that unforeseen travel delays can now result in works not being returned on time, and that risks undermining the confidence of foreign lenders to lend their art treasures to the UK.

The measures in the Bill would allow the current period, therefore, to be extended beyond 12 months at the discretion of the Secretary of State for Digital, Culture, Media and Sport, or indeed Scottish Ministers when it comes to Scotland. That will ensure that this protection remains fit for purpose. The new power to extend would only apply following an application from the approved museum or gallery. Extensions would be granted for a further three months initially, with a possibility of a further extension if considered necessary.

I am pleased to inform noble Lords that guidance for approved museums and galleries on how they can submit an application for extension has now been published in draft by the department, so the process and the guidance to support it are now ready to go.

I am delighted that the Bill has received such strong support, and I thank everyone who has contributed, including the Member for Central Devon, Mel Stride, for his work steering the Bill through, and the civil servants in the Department for Digital, Culture, Media and Sport. As the department’s Secretary of State pointed out in the newspapers only today, they are knocking it out of the park in DCMS—whether they are present at their desks or not. Finally, I thank my favourite cultural object, who is, of course, our wonderful Minister, my noble friend Lord Parkinson. I am delighted that, after his successful visit to the Venice Biennale, he was protected from seizure and has returned to our shores to give the Bill the final seal of approval.

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

My Lords, I am very grateful to my noble friend not just for bringing forward this Bill but for his kind words. I would like to take this opportunity to congratulate Sonia Boyce, who represented the United Kingdom at the UK Pavilion at the Venice Biennale, as well as Emma Ridgway, the curator, and everyone at the British Council who commissioned her work, which I am very pleased to report won the coveted Golden Lion for the first time since 1993. It is a tremendous achievement and everyone in the UK is very proud of them all.

I am pleased to reiterate the support of Her Majesty’s Government for this Bill. It is short and straightforward but will be of great benefit to the many approved museums and galleries in England and Scotland that rely on immunity from seizure protection when they borrow cultural objects from abroad. It will add an appropriate layer of flexibility to the existing legislation covering immunity from seizure. Currently, as my noble friend says, the maximum length of time an object can be protected from seizure while on loan is 12 months. As we learn and move on from the unprecedented challenges that museums and galleries have faced over the past two years in particular, the Bill rightly recognises that unpredictable delays do sometimes happen and that it may not always be possible for objects to be returned within that existing timeframe. The ability to extend the protection afforded to cultural objects is a sensible option to have. I am very grateful to my noble friend for presenting these helpful measures and for all his work in guiding the Bill through your Lordships’ House, to all noble Lords who have supported it, from all corners of the House, and, as my noble friend says, to the DCMS officials who have supported it.

As my noble friend says, the guidance for approved museums and galleries on how and when to apply for an extended period of protection has now been published in draft. The policy is therefore ready to be put into effect, subject to Royal Assent being granted. I am grateful to all those who helped the Bill speed on its way to the statute book.

Cultural Objects (Protection from Seizure) Bill

Lord Vaizey of Didcot Excerpts

2nd reading
Friday 18th March 2022 Lords Chamber

Moved by

[Lord Vaizey of Didcot]

That the Bill be now read a second time.

[Lord Vaizey of Didcot (Con)]

My Lords, this is a wonderful opportunity for me to take this important Bill through your Lordships’ House. I thank—I do not know if I can call him my honourable friend—the Member for Central Devon, Mel Stride, whom I have known for a while, who guided this Bill through the other place and very kindly asked me to take it through your Lordships’ House. I was delighted to take over the reins, given my interest in these issues in my former role, now so elegantly occupied by my noble friend Lord Parkinson.

Before I get into the meat of the Bill, I thank the excellent Bill team at DCMS—Mark Caldon, Karl Jagdis and Aisling Parrish—as well as the brilliant DCMS lawyer, Lydia Williams. I am sure my noble friend Lord Parkinson will agree with me that he is lucky enough to be working in a department full of the most excellent civil servants who give so much to us.

The Cultural Objects (Protection from Seizure) Bill is a short two-clause Bill and, I think, relatively uncontroversial. It extends the period of protection for an art object against a court-ordered seizure. It covers an object that is loaned to an institution in this country—a listed institution, which I will come to in a minute—for a temporary exhibition and ensures that it cannot be seized while it is in this country.

That provision was brought in by Part 6 of the Tribunals, Courts and Enforcement Act 2007. Under Section 134 of the Act, provided that certain conditions are met, these objects are protected from a court-ordered seizure for a period of 12 months. It is obvious why the legislation was originally brought in: there were concerns from a number of countries that their art objects were in danger of being seized while abroad if a third party, for example, had brought a claim against that object or indeed if a third party had a dispute with the state, albeit some kind of territorial dispute, and it wanted to use the object as a bargaining chip.

Section 134 of the Act clearly provides protection against seizure, provided that the object is normally kept outside the UK, it is not owned by a UK resident and it has been brought here for temporary public display by a museum or gallery—provided that that gallery is approved under Section 136 of the Act. In order for the object to be protected, the borrowing museum must have complied with the regulations made under the Act relating to publishing information about the loan in advance of it coming to the UK, and also doing due diligence on the provenance of the object.

The Secretary of State for Digital, Culture, Media and Sport is responsible for approving the institutions in England—and, indeed, in the devolved Administrations—that come under the provisions of the Act. To gain approval under the Act, institutions have to demonstrate that their procedures for establishing the provenance of the object and the ownership of the object are of the highest standard.

When the Act was passed in 2007, it was considered that 12 months was an adequate period of time to allow objects to arrive in the UK and then to be returned following their inclusion in a temporary exhibition. Section 134(4) of that Act provides that the protection continues for not more than 12 months, and that begins on the day that the object enters the UK. The only exception to that is where the period can be extended if the object suffers damage and repair work is needed.

The legislation has worked well over the years; it has enabled institutions across the UK to borrow some outstanding objects that the public would not otherwise have been able to see. There are now 39 institutions across the UK that have been approved under the regulations. I could point to many examples where the regulations have enabled an exhibition to take place, but I need only cite two that will be very familiar to your Lordships: the terracotta warriors, loaned from China to National Museums Liverpool in 2018, and of course the “Treasures of the Golden Pharaoh”, Tutankhamun, loaned from Egypt to the Saatchi Gallery in 2019, an exhibition that was seen by almost 600,000 people.

A more up-to-date example is the eagerly-anticipated Raphael exhibition at the National Gallery, which opens next month. The exhibition is unique in exploring Raphael’s complete career, featuring his celebrated paintings and drawings as well as his work in architecture, poetry and design for sculpture, tapestry and prints. But it has loans from abroad: from the Louvre, the National Gallery of Art in Washington, the Prado Museum in Madrid, the Uffizi Gallery and the Vatican Museums. I am sure that it will draw huge crowds.

Many of these loans will of course be protected under immunity from seizure. These include Raphael’s letter to Pope Leo X from the state archives of Mantua, a tapestry of “St Paul Preaching at Athens” from the Vatican Museums and paintings such as the self-portrait, the portrait of Baldassare Castiglione, and “St Michael” and “St George” from the Louvre. One of the star exhibits is featured on the front page of the exhibition catalogue: the portrait of Bindo Altoviti, which has been loaned by the National Gallery of Art in Washington.

I do not know why I am banging on about the Raphael exhibition at the National Gallery, because I have just been appointed as a trustee of Tate. I turn instead to that great institution and commend to your Lordships the new “Surrealism Beyond Borders” exhibition at Tate Modern, which runs until 29 August—so, by my calculation, your Lordships have five months to get across the river. Previous stories of surrealism have focused on Paris in the 1920s. Our exhibition at Tate will reach across the world and over 50 years. It shows how artists around the world have been inspired and united by surrealism from centres as diverse as Buenos Aires, Cairo, Lisbon, Mexico City, Prague, Seoul and Tokyo. Again, many of the loans would not have been possible without immunity from seizure.

The logistics involved in planning and hosting blockbuster exhibitions such as these are immense. With their long experience in managing exhibitions, museum staff are incredibly versatile and adept at dealing with unexpected problems, including transportation delay, but problems can still occur. For example, the Icelandic volcano which erupted in 2010 and, of course, the global pandemic, have both led to delays. Thankfully, travel restrictions have now eased and museums are enjoying hosting and planning future exhibitions with a degree of confidence. However, I say that as the current appalling conflict in Ukraine and sanctions against Russia illustrate that safely moving and returning artwork around the world is never straightforward. That is why this Bill is important.

Where there are unexpected delays in returning protected objects, the Bill allows a period of protection to be extended beyond 12 months, at the discretion of the Secretary of State. It will ensure that the protection remains fit for purpose and that foreign lenders continue to lend to the UK. The new power to extend would apply following an application from a museum or gallery, and extensions would be granted for a further three months initially. There is the possibility of a further extension, if considered necessary. The circumstances under which an extension may be considered will be set out in guidance, which is being developed in discussion with museums and the Scottish Government. It will be published before the Bill completes its passage in this House. The measure is strongly supported by the museums sector and the Arts Council. I am also delighted to tell your Lordships that, only yesterday, the Scottish Parliament passed its legislative consent Motion, so the Bill can now have effect in Scotland.

Although Part 6 of the Tribunals, Courts and Enforcement Act provides immunity from seizure, there are currently no approved institutions in Wales or Northern Ireland. During the Bill’s passage in the other place, it was actually amended to remove its application to Northern Ireland and Wales. This was because the Department for Communities in Northern Ireland decided that at the moment, it is unable to prioritise a legislative consent Motion in the Northern Ireland Assembly. Also, following discussions between the British and Welsh Governments, it has not been possible to reach agreement on how the concurrent power to extend the current 12-month period of protection would apply across the two nations. The Welsh Government have also therefore declined to table a legislative consent Motion for the Bill as it stands. I am afraid those are unfortunate developments; I emphasise again that objects may still be protected under the current immunity from seizure legislation in Northern Ireland and Wales, but without a power to extend the current 12-month period.

We have a very busy day today so I will bring my remarks to a close. I trust your Lordships will agree that this is a worthy measure, ensuring that cultural objects can continue to be protected from seizure from their country of origin. I am sure your Lordships will breathe a mild sigh of relief that I will not be taking the House through the current exhibitions at the museums designated in the Act, from the Ashmolean Museum to the Wolverhampton Art Gallery. I beg to move.

--- Later in debate ---

[Lord Vaizey of Didcot (Con)]

My Lords, this has been a fantastically erudite and insightful debate, covering a wide range of issues, but coming back always to focus on the importance of the Bill. I congratulate the noble Baroness, Lady Merron, on mentioning school trips, and the controversy, and I commend the article from Maria Balshaw, the director of the Tate, in yesterday’s Evening Standard, in which she agrees with the noble Baroness—as do I—that school trips are absolutely essential to museums and should not simply be seen as there to promote grades.

I am tempted to take up my noble friend’s invitation to compare every speech to a great exhibition. If my speech was a surreal one, may I say that the maiden speech of my noble friend Lord Strathcarron was absolutely excellent. I am going to compare it to the British Museum exhibition on Stonehenge—rooted in tradition, reaching back to the ancients and yet still illuminating us with new and current modern insights. I say this with all sincerity: it is wonderful to have him in the House, and I look forward to partaking with him on many debates on cultural policy.

I would compare the great speech of my noble friend the Minister to the V&A exhibition that opened yesterday, “Fashioning Masculinities: The Art of Menswear”. As we listen to his erudite comments, we simply must acknowledge also that he is one of the most elegant Members of the Front Bench, in terms of how he puts his case and how he presents himself in the House. I commend the Bill to the House.

Bill read a second time and committed to a Committee of the Whole House.

Digital Technology (Democracy and Digital Technologies Committee Report)

Lord Vaizey of Didcot Excerpts

Friday 11th March 2022 Lords Chamber

[Lord Vaizey of Didcot (Con)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Lipsey, and I can assure him that he is no impostor. It is a great pleasure to sit on the Communications and Digital Select Committee with him. Without wishing to have a Spartacus moment, let me say that I am the impostor because not only am I not Lord Puttnam, but I did not even sit on the committee whose report we are debating today. While it was a joy for me to join this House, it was a matter of deep regret that shortly after I joined Lord Puttnam decided immediately to resign from the House, so this is my one chance to work with him, albeit semi-virtually.

I have to say that I have no idea why he resigned as I bumped into him in a bar last night at 10 pm and we gave each other a big hug, but it is a genuine source of regret to me because he was a great mentor to me when I was in the other place working on all the issues that he cares so deeply about and which he spent 20 years or more in this House influencing a great deal. Indeed, in my second interview to be chairman of Ofcom, I though fondly of Lord Puttnam this week and his influence on the Communications Act, which brought Ofcom into being. If my noble friend the Minister wants to update the House on how I did in the interview, I will look forward to his informative insights.

I should declare two important interests as set out in the register as they are very relevant to the remarks I want to make. One is that I am on the advisory board of NewsGuard, which also includes luminaries such Jimmy Wales, which rates the veracity of new websites, based on nutrition labels, and I also chair the UK branch of Common Sense Media, a US charity that campaigns for kids’ rights on the internet and looks up to the noble Baroness, Lady Kidron, and 5Rights for inspiration.

I have to say that this report, albeit that we are debating it some 18 months after it was first published, remains as relevant today as it was then, particularly in the light of the horrific events we are seeing in Ukraine. It has never been more important to be able to address the misinformation and disinformation on the internet, particularly propagated according to the platforms. The report makes many sensible recommendations on how to combat that.

There is no doubt that this kind of information on the internet influences people’s responses to news and events. If fact, a report published by Axios today shows that people’s trust in vaccines is very much influenced by the sources from which they get their news, and that people who do not rely on trusted news sources have much less trust in vaccines.

The report addresses the risks placed on our democracy and our electoral process. It is important for us to remember that it is not just the US. There were attempts to influence the German elections, and we can expect that attempts will be made to influence our rather more modest local elections in May—again, particularly given the global circumstances. Those attempts are made through the platforms, through disinformation and deliberate misinformation.

So it is quite right that the report calls for a code on political advertising. Political advertising online has been left in a vacuum, as it were, and indeed the limits on spending by political parties do not take account of the ability to propagate information online. It is also right that the report calls on us to bolster sources of local news. The Communications and Digital Committee recently published a report that called on Google, the BBC, Facebook and others to pool all the money that they give to local news sources as a way of showing their virtuosity, in order to provide a real pool of money—a bit like the Content Fund, which was so successful but is sadly now being discontinued—to provide financial support for genuine news.

Referring to my work with Common Sense Media, I also thoroughly endorse the report’s call for digital citizenship. The report calls for lifelong learning for digital citizenship, and it is vital that our young people in schools get a proper digital citizenship curriculum. They are growing up in a digital age; they are savvy and they know their way around it. Nevertheless, if the Government backed this much more vigorously, that would make it quite clear how important it is that our children are given the tools to navigate the internet and the information that they are bombarded with.

I conclude, as the numbers flash, by once again recording—because I have not given any speech in this House since I have been here without doing so—my unequivocal support for the BBC. I mentioned Ukraine in my opening remarks. There are many issues to do with Ukraine, but one of them is how important it is for people in this country, and indeed in Ukraine and the world, to have a trusted news source such as the BBC.

Gambling Advertising

Lord Vaizey of Didcot Excerpts

Tuesday 1st March 2022 Lords Chamber

[Lord Vaizey of Didcot (Con)]

My Lords, I declare my interest as sitting on the advisory board of Sisal, as part of its National Lottery bid—but also, amazingly, I am part of the Behavioural Insights Team advisory panel, looking at problem gambling. I come here not to defend the gambling industry but to defend public service broadcasters—and my noble friend the Minister will know that I am a stuck record on this issue.

Bizarrely, I have had a long association, on and off, with the gambling industry—I say “bizarrely” because I do not gamble at all. But long before I became an MP I worked with Rank, when the Labour Government were proposing super-casinos, and indeed with Victor Chandler when he went offshore to Gibraltar. So, amazingly, I know a bit about it—but not as much as noble Lords who have already spoken.

The point that I want to make as simply as I can is the same point I made when we debated junk food adverts—that I wish the Government and, indeed, many noble Lords would not simply reach for a ban on television advertising as somehow a solution to the problem of problem gambling or indeed of obesity. We need a much more sophisticated and comprehensive approach, and where we can find common ground is to urge the Government to spur themselves into action to provide a comprehensive approach to dealing with problem gambling or gambling excesses. For example, I strongly supported the ban on FOBTs that came into play. To echo what my noble friend Lord Bethell said, I spoke to somebody in the gambling industry who had urged the industry to take action itself, saying that otherwise the Government would take action for it— and the industry did not, and the Government quite rightly did.

So when we consider how to tackle issues such as problem gambling, and indeed the excesses of some gambling companies, please can we look at the online advertising environment, which is too often forgotten in this debate? Television advertising makes far less impact—if you accept that there is an impact—than the much more sophisticated targeting of people, based on their data and visits to websites, that you find online.

Look at the way gambling companies design their sites, and regulate that to ensure that they do not design sites that are attractive and designed to keep you coming back for more. Look at what innovative new banks such as Monzo have done, allowing people to fix their credit card and current accounts so that they cannot spend money on gambling sites. Work with the responsible gambling companies when they are doing the right thing. I read in the paper today, in the context of Flutter releasing its annual results, that it is apparently linking bonuses for its employees to reducing problem gambling.

So, in the short amount of time each of us is allowed, my simple and heartfelt plea is: please do not keep relentlessly targeting our poor public service broadcasters, which are competing against the likes of Netflix and Disney+, and instead produce a much more sophisticated and comprehensive plan to reduce problem gambling.

Public Health: Media Advertising

Lord Vaizey of Didcot Excerpts

Monday 28th February 2022 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

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

[Lord Vaizey of Didcot (Con)]

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

[Lord Parkinson of Whitley Bay (Con)]

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

Creative Professionals: EU Tours

Lord Vaizey of Didcot Excerpts

Monday 21st February 2022 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

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

[Lord Vaizey of Didcot (Con)]

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

[Lord Parkinson of Whitley Bay (Con)]

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

Authors, Booksellers and Libraries: Economic Recovery

Lord Vaizey of Didcot Excerpts

Monday 10th January 2022 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

The noble Baroness is right. Despite the encouraging news, challenges remain for independent booksellers as we emerge from the pandemic. That is why the Government have put in place one of the world’s most comprehensive economic responses worth £400 billion to protect jobs, businesses and public services throughout the pandemic. We have provided support through the Coronavirus Job Retention Scheme, business rates relief for eligible high street retailers, grants for small businesses and government-backed loans. We have also protected commercial tenants from eviction and debt enforcement because of non-payment of rent until March 2022.

[Lord Vaizey of Didcot (Con)]

My Lords, it goes without saying that the PLR should be doubled, and that will be an easy win for my noble friend. I declare an interest as I work with the Authors’ Licensing and Collecting Society. On libraries, within central government there needs to be much more co-ordination between the levelling-up department, the Department for Education and the Minister’s excellent Department for Digital, Culture, Media and Sport. I urge my noble friend, who has a very busy diary, to meet entrepreneurial figures, such as William Sieghart, who are pioneering new ways of providing library services to ensure that libraries continue to be relevant in the 21st century.

[Lord Parkinson of Whitley Bay (Con)]

Yes, I would be delighted to meet Mr Sieghart and anyone else who would like to make representations on behalf of libraries. Libraries are the bedrock of our communities. I am pleased to say that in the last year before the pandemic there were nearly 180 million visits to libraries. That is more than the combined number of visits to Premier League football games, the cinema and the top 10 UK tourist attractions and, of course, libraries have played such an important role in supporting people through the pandemic. I would be very happy to discuss that further.

BBC: Government Support

Lord Vaizey of Didcot Excerpts

Thursday 2nd December 2021 Lords Chamber

[Lord Vaizey of Didcot (Con)]

My Lords, it is a thrill to take part in this debate, and I congratulate the noble Lord, Lord Bragg, on calling it. I praise the right reverend Prelate the Bishop of Liverpool for his wonderful maiden speech, and I am glad to be the warm-up act for the noble Lord, Lord Griffiths of Burry Port, who is one of the best discoveries that I have made since I joined your Lordships’ House.

I love debates about the BBC, mainly because we all suffer from “Strictly” syndrome—all our speeches descend very quickly into the programmes that we like or dislike on the BBC, and from that we extrapolate some grand stratagem about its future, but I want to concentrate a bit more on its structures because I am a critical friend of the BBC. In fact, the excellent speech of the noble Lord, Lord Storey, teed me up quite nicely, because as a Back-Bench MP I actually campaigned against the BBC’s education services and succeeded in closing some of them down. I did this because, as an Oxfordshire MP, I had a lot of publishing companies and education companies coming to me and saying, “We are private companies, and we employ hundreds of people in your constituency. We cannot compete against ‘free’”. That is why we now have the market-access test for the BBC’s new services, because sometimes the BBC, despite the much greater media world that we now live in, ends up stamping on the commercial sector.

I once found myself on the front page of the Sunday Times because I had mused to a journalist—thinking that I was in a seminar and not having an on-the-record drink—that perhaps Radio 1 could be privatised. The point is that we forget that Radio 1 was established in the 1960s to combat pirate radio. We now have Radio 1, Radio 2 and 6 Music, all existing in a highly competitive and commercial popular music environment. It is legitimate to ask these kinds of questions. I always start from the premise that it is important to ask these questions, just as it is important to ask the question about whether Channel 4 should be privatised. I do not know what the right answer is, but we should not shy away from these kinds of questions.

I was the Minister who froze the licence fee when we came into government in 2010. Again, I have always wondered—it sounds like a dinner party one-liner; it is a dinner party one-liner—whether it would be interesting to have a director-general who came into office saying, “My ambition over the next five years is to cut the licence fee by 10% without having to have a fight with the Government.” These are the sorts of questions that I feel we should be asking about the BBC. I share the sentiment of this debate, which is that the BBC is a national treasure that we should support, but we should also ask critical questions of it.

There are three or four points that I want to make as I wrap up. The first is that the BBC never thinks enough about how it can support the wider commercial sector. For example, commercial radio companies complain to me that they do not want to go on BBC Sounds, because it is called “BBC Sounds”. The BBC has created an amazing radio digital platform that the commercial sector cannot work with. If one talks to the commercial sector about how easy it is to work with the BBC, they all say that it is impossible; similarly with the iPlayer. I would love to have the BBC see as one of its aims support for the wider commercial sector.

The absolutely core reason why we should support the BBC is precisely because of what we talk about when we mention companies such as Netflix, Amazon and Disney. The clue, of course, is in their names. These are huge, global, US companies. We need to find a way to preserve—and I make no apology for saying this—UK content for UK audiences, and to have a quality anchor for our broadcasting landscape.

The BBC must support market failure, and this where I part company with my noble friend Lord Hannan’s brilliant speech. BBC local radio is a vital service that we do not talk enough about. I do not think that anyone else apart from the BBC can really provide the local radio that I still believe is vital.

Finally, the BBC should be there—in a complicated media world that is now rife with disinformation—as a trusted source of news. That has never been more important than it is today. Moreover, the BBC should—and I welcome the remarks made by the noble Baroness, Lady Jay—do the kinds of things that are difficult to do: really push in the area of diversity and people from diverse backgrounds, as was mentioned by the noble Lord, Lord Young, when he, like all of us, succumbed to “Strictly” syndrome.

Creative Sector

Lord Vaizey of Didcot Excerpts

Thursday 4th November 2021 Lords Chamber

[Lord Vaizey of Didcot (Con)]

My Lords, I wish everyone a happy Diwali and refer noble Lords to my entry in the Register of Lords’ Interests. Almost all of them relate to the creative industries but I particularly point out the Authors’ Licensing and Collecting Society and my trusteeships of the National Youth Theatre and Music Masters.

I congratulate my noble friend Lady Featherstone—she is a friend—on calling this important debate. She is a great colleague on the Communications and Digital Committee. I also welcome, as has everyone else, the wonderful maiden speech by my noble friend Lord Spencer. I believe, and I genuinely mean this—often one just mutters platitudes—that he will make an enormous contribution to this House. I found his speech fascinating as I learned about his childhood and growing up, but I particularly focused on his point at the end about the need to recognise the creativity in business. I have to say that made me come over all philosophical about our approach to the creative industries and indeed the arts.

In my view, it works in two different ways. First, take a company like Apple, which is normally the most valuable company in the world, although it oscillates a bit in that position with Microsoft. Apple is a company whose effective success has been based on design. We rightly celebrate the work of a British designer, Jony Ive, in designing the iPhone, but it is a design-led company that has effectively conquered the world; we all pay through the nose for an iPhone because we like its shape and design.

That goes to the heart of why creativity is so important in the world of business. It is the magic dust that is often the difference between success and failure. Many countries around the world look at the UK’s creative sector through a business lens. If you talk to the Chinese—I know we are not meant to—you will find that they have nothing to learn from us about manufacturing processes but are keen to learn from us about creativity. That is why it is important for politicians.

Secondly, the arts and the creative industries are businesses too. That is why it is important for a Cabinet Minister to be seen on the set of James Bond, for example; they should not be dismissed as somehow frivolously wasting their afternoon with a bunch of film stars. They are not. They are visiting an area of high economic importance, surrounded by people with fantastic skills in very technical areas who are creating wealth, and an incredible marketing tool, for this country. That should be celebrated.

The arts also have to reflect on what they can learn from business. As Culture Minister, I felt that no one could ever go bust in the arts. My noble friend Lord Spencer began by saying that he rated his business success as 50:50 when he started out in the proverbial back bedroom, but it always seems to me that if a regional museum or arts organisation closes down then it is deemed to be a catastrophe and a failure of a philistine Government rather than recognising that the arts, just as much as business, will have winners and losers and need refreshment. Thus endeth my philosophical thinking, which may be welcomed by all sides.

However, I will make one last philosophical point. Something else that I learned when I was Culture Minister is that the arts are surprisingly conservative. My noble friend Lord Aberdare mentioned the need for createch; I agree. There is often a failure in cultural institutions to think forward and differently, and to ask difficult questions. For example, I have a very open mind on Channel 4 privatisation. I have absolutely no problem with the question being asked and the issue being examined. I do not simply want the status quo to be the default position for the arts, just as I do not want to see it in business. That is why, when I was the Minister, I often found conversations with people in the tech world much more stimulating than with people in the arts world about the future of their organisations.

I have used up almost all my time. I just want to say a few things to the Minister, who has a fantastic job and, as he will have worked out from this debate, quite a big in-tray. I know this will be said later by my noble friend Lady Wadley—I apologise for echoing her; she put the idea in my head this morning—but it is so simple to get this right. In terms of government spending, arts spending is a rounding error. It would be so easy to put the arts on secure funding. The noble Lord, Lord Clement-Jones, mentioned the public lending right. That is a classic example where the Government would get so many plaudits if they were to increase it, for what is an insignificant sum.

The Culture Recovery Fund has been a triumph while the extension of tax credits by the Government really should be applauded; they are a clear and extensive form of support for the arts. The Government are leaning into that and deserve real credit for it. I look forward to my noble friend Lady Wadley talking about the national plan for music education, which she is in charge of, because a third pillar, alongside spending and tax credits, is a real opportunity to lean in on arts education. Many noble Lords have made the point that it makes an enormous difference. It is not simply about creating great musicians or artists; it is about giving kids real confidence and soft skills that they are going to need in whatever profession they look at. I know the Secretary of State is fully committed to the levelling-up agenda, particularly given her background and what she has achieved. The arts can really make a massive difference.

In terms of turning back on to the arts themselves, arts organisations also have to look at themselves and say, “Are we doing enough to genuinely reach out to new audiences and different people as well?” They have to do that in partnership with government, not simply ask the Government to do it for them.

Ofcom: Appointment of Chair

Lord Vaizey of Didcot Excerpts

Tuesday 26th October 2021 Lords Chamber

[Lord Vaizey of Didcot (Con)]

My Lords, I congratulate the Government on the launch of their great comedy drama “Ofcom Succession”. My understanding is that the first process was stopped because the Government had failed to appoint a headhunter to seek out the highest-quality candidates to apply for this important role. Can my noble friend tell me, first, has a headhunter been appointed? Secondly, if so, who is it? Finally, can I have their phone number?

[Lord Parkinson of Whitley Bay (Con)]

I thank my noble friend for his question. Yes, following Cabinet Office approval and a fair and open tender process, an executive search firm has been appointed. It is Saxton Bampfylde and I am sure that its contact details are available on its website.