Media Bill

Debate between Baroness Winterton of Doncaster and George Eustice

Report stage
Tuesday 30th January 2024 Commons Chamber

[George Eustice (Camborne and Redruth) (Con)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker]

With this it will be convenient to discuss the following:

New clause 1—Evaluation of nations-based production—

“(1) The Communications Act 2003 is amended as follows.

(2) In section 286 (regional programme-making for Channels 3 and 5)—

(a) in subsection (1)(d), at end insert “except where the company is a new start-up and has registered itself as being primarily based in that nation”;

(b) after subsection (1)(d) insert—

“(e) Ofcom must require a broadcaster listing a production as being based in Northern Ireland, Scotland or Wales to demonstrate prior to production that a production company has—

(i) a substantial base (consisting of a specified number of staff) within the nation;

(ii) a commitment to remain within the nation for a specified amount of time;

(iii) had a presence within the nation for at least 36 months.”;

(c) in subsection (3)(d), at end insert “except where the company is a new start-up and has registered itself as being primarily based in that nation.”;

(d) after subsection (3)(d) insert—

“(e) Ofcom must require a broadcaster listing a production as being based in Northern Ireland, Scotland or Wales to demonstrate prior to production that a production company has—

(i) a substantial base (consisting of a specified number of staff) within the nation;

(ii) a commitment to remain within the nation for a specified amount of time;

(iii) had a presence within the nation for at least 36 months.”

(3) In section 288 (Regional programme-making for Channel 4)—

(a) in subsection (1)(d), at end insert “except where the company is a new start-up and has registered itself as being primarily based in that nation.”;

(b) after subsection (1)(d) insert—

“(e) Ofcom must require a broadcaster listing a production as being based in Northern Ireland, Scotland or Wales to demonstrate prior to production that a production company has—

(i) a substantial base (consisting of a specified number of staff) within the nation;

(ii) a commitment to remain within the nation for a specified amount of time;

(iii) had a presence within the nation specified for at least 36 months.”.”

New clause 4—OFCOM review of on-demand programme service regulation measures—

“(1) As soon as practicable after Chapter 2 of this Act comes into force, OFCOM must carry out a review of its on-demand programme service regulation measures.

(2) This review must take account of—

(a) the size, and

(b) the turnover

of the services to which these regulations apply and assess whether the current application of the regulations is the most effective means to achieve the policy goals of this Chapter.

(3) In conducting the review described in subsection (2), OFCOM must consult with relevant stakeholders, including public service broadcasters, on-demand programme service providers and any other stakeholders as appropriate.”

This would require OFCOM to conduct a review of the Bill’s new on-demand regulatory code. The review must take account of the sizes and turnovers of the regulated services, and assess whether the current regulatory approach is effective in achieving the policy goals of the Bill. The review would have to be conducted in consultation with relevant stakeholders.

New clause 6—Age rating standards—

“Where Tier 1 providers use an age rating or other classification system to comply with the duties imposed on them by or under this Act for the protection of audiences from harm, they must—

(a) apply the age rating or classification system used by the video works authority based on their classification guidelines; or

(b) apply an age rating or classification system that is judged by OFCOM to be—

(i) based on a transparent set of appropriate standards;

(ii) applied consistently across content; and

(iii) informed by regular consultation with the UK public.”

This new clause ensures that, where age ratings are used by Video on Demand platforms, those ratings are the same as the ones used by the British Board of Film Classification or meet equivalent standards of rigour, transparency, and objectivity.

New clause 7—Adequate on-demand coverage to be available—

“After section 101 of the Broadcasting Act 1996, insert—

“101ZA Provision of adequate on-demand coverage

(1) The purpose of this section is to secure, in relation to a listed event, that if any person makes available on-demand coverage of the whole or any part of that event, adequate on-demand coverage is made available widely and free of charge to members of the public in the United Kingdom, whether by that person or another person.

(2) In this Part, in relation to a listed event or part of such an event, “on-demand coverage” means audiovisual content consisting of coverage of, or excerpts from, that event (or a combination of those), where—

(a) a person makes a range of such content available to members of the public, whether through a relevant service or otherwise;

(b) selections from that range can be made by the user and viewed at a time chosen by the user (even if it may be viewed only within a period specified by the person making it available);

(c) the selected content is received by the user by means of the internet; and

(d) the content otherwise meets any criteria or requirements specified (either generally or in relation to particular listed events) by regulations under section 104ZA;

and “on-demand rights” means rights to make on-demand coverage available for access by members of the public in the United Kingdom.

(3) Any contract entered into on or after the day on which section [Adequate on-demand coverage to be available] of the Media Act 2024 comes into force under which a person acquires on-demand rights is void so far as it purports—

(a) in relation to the whole or any part of the event, or

(b) in relation to access by means of the internet, in the United Kingdom,

to grant those rights exclusively.

(4) For the purposes of this section, on-demand rights are granted exclusively if the person granting them—

(a) has not granted any such right in respect of the whole or, as the case may be, that part of the event to more than one person, and

(b) is precluded by the terms of the contract from doing so.

(5) For the purposes of subsection (4)(a), rights are not to be treated as having been granted to more than one person where the only persons to whom such rights have been granted are connected with each other.

(6) No person may provide on-demand coverage of a listed event unless authorised to do so under subsection (7), (8) or (9), even if that person is authorised to include live coverage of that event in a relevant service by subsection (2), (3) or (4) of section 101.

(7) The provision of on-demand coverage of a listed event is authorised by this subsection if—

(a) on-demand rights have been acquired by the provider of a relevant service falling within section 98(1)(a);

(b) that relevant service includes live coverage of that event; and

(c) the on-demand coverage provided that provider—

(i) constitutes adequate on-demand coverage of the event, and

(ii) may be accessed free of charge.

(8) The provision of on-demand coverage of a listed event is authorised by this subsection if—

(a) on-demand rights have been acquired by one or more persons;

(b) those persons are not connected with each other;

(c) the on-demand coverage provided by at least one of those persons—

(i) constitutes adequate on-demand coverage of the event, and

(ii) may be accessed free of charge;

and

(d) the person or persons who have acquired rights to provide the adequate on-demand coverage satisfy the requirements in relation to that coverage of any regulations made under section 104ZA for the purposes of this paragraph.

(9) The provision of on-demand coverage of a listed event is authorised by this subsection if OFCOM have consented in advance to such provision.

(10) OFCOM may revoke any consent given by them under subsection (9).

(11) The code drawn up by OFCOM under section 104 shall include guidance on the matters which they will take into account in determining whether to give or revoke their consent for the purposes of subsection (9).

(12) Regulations under section 104ZA (regulations about coverage of listed events) may include provision—

(a) specifying (either generally or in relation to particular listed events) any criteria or requirements that content must meet in order to be regarded as on-demand coverage for the purposes of subsection (2)(d);

(b) for determining for the purposes of this section what (whether generally or in relation to particular circumstances) is to be taken to represent the provision of adequate on-demand coverage of an event for the purposes of subsection (8)(d).

(13) Failure to comply with subsection (6) shall not affect the validity of any contract.

(14) Subsection (6) shall not have effect where the person providing the on-demand coverage is exercising on-demand rights acquired before the commencement of this section.

(15) In this section, “on-demand coverage” and “adequate on-demand coverage” are to be construed in accordance with regulations under section 104ZA.

(16) For the purposes of sections 104A (provision of information) and 104B (penalties for failure to provide information), any person making available, or wishing to make available, on-demand coverage of the whole or any part of any listed event shall be treated as a person who is within subsection (5) of section 104A.””

This new clause would secure that, where possible, adequate on-demand coverage of listed events, such as clips and excerpts, is made available free of charge to audiences in the United Kingdom.

New clause 8—Protection of digital terrestrial television—

“(1) The Secretary of State shall ensure that—

(a) the licensed public service channels continue to be broadcast via digital terrestrial television to as many of their intended audience as is reasonably practicable; and

(b) a sufficient number of digital terrestrial television multiplex licences are issued to deliver the licensed public service channels via digital terrestrial television and support a diverse range of commercial digital terrestrial television channels.

(2) OFCOM shall reserve sufficient frequencies for television broadcasting services accordingly.”

This new clause would place a responsibility on the Secretary of State to ensure that public service television channels continue to be broadcast via digital terrestrial television (DTT) and that sufficient licences are issued to keep the platform viable. It would also require Ofcom to make spectrum available accordingly.

New clause 9—Review of children’s access to public service broadcast content—

“Within six months of the passage of this Act, the Secretary of State must prepare and publish a report on how to ensure that children have access to public service broadcast content.”

This new clause would require a review of how to ensure children have access to public service content, given their viewing habits.

New clause 10—Digital rights to listed events—

“(1) The Secretary of State may by regulations amend the Broadcasting Act 1996 to make provision for coverage of listed events which is not live coverage.

(2) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

New clause 11—Delivery of public service content on relevant television services—

“After section 264A of the Communications Act 2003, insert—

“264B Delivery of public service content on relevant television services

(1) OFCOM must monitor the extent to which the public service remit for television in the United Kingdom is met in respect of relevant television services.

(2) If OFCOM considers that the public service remit for television in the United Kingdom is not being met in respect of such services, it may set whatever programming quotas it considers necessary to ensure that the remit is met.

(3) For the purposes of this section, “relevant television services” means—

(a) the television broadcasting services provided by the BBC;

(b) the television programme services that are public services of the Welsh Authority (within the meaning of section 207);

(c) every Channel 3 service;

(d) Channel 4;

(e) Channel 5.””

This new clause would give OFCOM powers to measure the delivery of public service content on the linear services of the public service broadcasters, and set quotas if it considered the current level to be unsatisfactory.

New clause 12—Regulation of selection services for on demand and online-only content—

“(1) Within three months of the passage of this Act, the Secretary of State must by regulations provide for the regulation of selection services for on demand and online-only content equivalent to the regulation of radio selection services provided for by section 48 and Schedule 9 of this Act.

(2) Regulations under subsection (1) may amend primary legislation.”

New clause 13—Gaelic language service—

“The Secretary of State must, within six months of the passage of this Act, review whether a Gaelic language service should be given a public service broadcast remit.”

New clause 14—Age Classifications—

“When considering the adequacy of age ratings, OFCOM must assess whether any age ratings used by providers are—

(a) widely recognised by the UK public;

(b) underpinned by a transparent set of standards;

(c) informed by regular consultation with the UK public.”

New clause 15—Establishing a Broadcasting and Communications Authority for Wales—

“(1) A Broadcasting and Communications Authority for Wales (“the Authority”) is established.

(2) The Authority must perform the following functions—

(a) support for the broadcasting and media sectors serving audiences in Wales;

(b) oversight and accountability for public service broadcasting in Wales;

(c) facilitation and development of the production of content by broadcaster and media outlets in Wales;

(d) promotion and preservation of the Welsh language, identity and culture in broadcasting and media output;

(e) support for and development of English language content made in Wales and ensuring that it is relevant to Welsh audiences; and

(f) any functions the Secretary of State considers necessary to support further devolution of broadcasting policy to the Welsh Government.

(3) In performing the functions under subsection 2 the Authority must have regard to—

(a) public interest journalism;

(b) content for children and young people; and

(c) sport content and national events.

(4) In performing the duties under subsection (2) in relation to broadcasting and media matters in Wales, the Authority must consult—

(a) relevant Ministers in the Welsh Government;

(b) Members of the Senedd; and

(c) members of the public living in Wales.

(5) Section 1 comes into force at the end of the period of 12 months beginning with the day on which this Act is passed.

(6) In preparation for the establishment of the Authority a shadow authority may be established in line with the functions set out in subsection 2 after the passing of this Act.

(7) The Secretary of State must by regulations make provision for the appointment of officers to the Authority.”

This new clause creates a new independent Welsh Broadcasting and Communications Authority with responsibility and oversight for broadcasting and media matters in Wales to help reflect and meet the needs of Welsh audiences.

New clause 16—Listed Events—

“(1) The Broadcasting Act 1996 is amended as follows.

(2) In section 97 (as amended by section 299 of the Communications Act 2003), after subsection (1B) insert—

“(1A) The following events must be included in Group A of the list drawn up under subsection (1)—

(a) the Olympic Games;

(b) the Paralympic Games;

(c) the FIFA World Cup Finals Tournament;

(d) the FIFA Women’s World Cup Finals Tournament;

(e) the European Football Championship Finals Tournament;

(f) the European Women’s Football Championship Finals Tournament;

(g) the FA Cup Final;

(h) the Scottish FA Cup Final;

(i) the Grand National;

(j) the Wimbledon Tennis Finals;

(k) the Rugby Union World Cup Final;

(l) Six Nations Rugby Tournament Matches Involving Home Countries;

(m) the Derby;

(n) the Rugby League Challenge Cup Final;

(o) any match involving the national teams of Scotland, Wales, Northern Ireland or England pertaining to qualification for the events listed in paragraphs (c), (d), (e) and (f).””

This new clause would make it compulsory for the Secretary of State to place the list of sporting events in Group A of listed sporting events, ensuring they are available on free to air television in their entirety. The events consist of all current Group A events plus the home nations World Cup and Euro qualifiers.

New clause 17—Consultation on listing of events—

“(1) The Broadcasting Act 1996 is amended as follows.

(2) In section 97(2), after paragraph (b), insert—

“(ba) Seirbheis nam Meadhanan Gàidhlig (the Gaelic Media Service),”

(3) In section 104(4), after paragraph (b), insert—

“(ba) Seirbheis nam Meadhanan Gàidhlig (the Gaelic Media Service),””

This new clause would add Seirbheis nam Meadhanan Gàidhlig (the Gaelic Media Service) to the list of organisations which must be consulted when the Secretary of State is drafting or amending listed events and Ofcom is drawing up its related code of guidance.

New clause 18—Listed Events Fund—

“(1) The Broadcasting Act 1996 is amended as follows.

(2) After section 104ZA insert—

“104ZB Financial matters arising from the listing of events: the Listed Events Fund

(1) The Secretary of State shall establish a fund (the “Listed Events Fund”) with the purpose of minimising the consequential financial impact of the listing of events on sporting governing bodies who would otherwise suffer egregious financial distress.

(2) Payments from the fund shall be limited to governing bodies and other sporting rights holders who maintain their registered office in Scotland, Wales, Northern Ireland or England and whose primary geographic area of responsibility lies within one of these territories.

(3) The Secretary of State, following the revision of the listing of events in Group A, shall invite governing bodies and other organisations who could reasonably assess their turnover or income as dropping as a result of an event being listed in Group A (and who qualify under the provisions of subsection (2) of this section) to apply to him for payment from the fund.

(4) No organisation with a reported turnover of greater than £50 million per annum for the financial year in which any subvention may be paid shall be entitled to payment from the fund.

(5) The amount laid down in subsection (4) may be varied by the Secretary of State on an annual basis, but may not increase by a rate greater than that of the Retail Price Index as measured at any point in the three months previous to any proposed variation.””

This new clause would provide a fund under the auspices of the Secretary of State to be paid to governing bodies or other broadcasting rights holders who may experience financial detriment as a result of listing under Group A.

New clause 19—Diversity in the workforce of the public service broadcasters—

“(1) OFCOM must produce a report each year detailing diversity in the workforce of the public sector broadcasters (“PSBs”).

(2) The report under subsection (1) must include—

(a) a breakdown by protected characteristic of the numbers of people in the workforce of each PSB;

(b) the percentage of the workforce on and offscreen who have various protected characteristics as deemed relevant by OFCOM;

(c) if the percentages reported under paragraph (b) are not reflective of the population as a whole or on a regional basis, a statement from each broadcaster on how they intend to increase diversity in their organisation.

(3) OFCOM may request any information they require from the PSBs in order to compile the report under subsection (1).

(4) Provision of data to enable OFCOM to produce the report under subsection (1) is to be considered by OFCOM when it assesses the extent to which a PSB has fulfilled its public service broadcasting remit.”

This new clause would require OFCOM to produce an annual report on workforce diversity within the PSBs.

New clause 20—On-demand programme services—

“(1) OFCOM must report to the Secretary of State each year on the percentage of people who are watching on-demand services that do not fall under the definition of on-demand programme services in section 368A of the Communications Act.

(2) If OFCOM reports concern that the definition is not providing protection for public service broadcasters on on-demand services that are being widely accessed by the public—

(a) OFCOM must write to the Secretary of State, and

(b) the Secretary of State must make a written statement to Parliament on how the Secretary of State intends to remedy this matter.”

This new clause would require OFCOM and the Secretary of State to keep under review the adequacy of the definition of on-demand programme services in section 368A of the Communications Act 2003.

New clause 21—Delivery of public service content on relevant television services—

“After section 264A of the Communications Act 2003, insert—

“264B Delivery of public service content on relevant television services

(1) Ofcom must monitor the extent to which the public service remit for television in the United Kingdom is met in respect of relevant television services, including level of programming from a diverse range of genres including, among others, education, entertainment, music, arts science, sports matters of international significance, religion and specialist interests.

(2) If Ofcom considers that the public service remit for television in the United Kingdom is not being met in respect of such services, it may set whatever programming quotas it considers necessary to ensure that the remit is met.

(3) It is the duty of relevant television broadcasting services to prepare and publish a statement annually on their performance in the provision of public service content.

(4) For the purposes of this section, “relevant television services” means—

(a) the television broadcasting services provided by the BBC;

(b) the television programme services that are public services of the Welsh Authority (within the meaning of section 207);

(c) every Channel 3 service;

(d) Channel 4;

(e) Channel 5.””

This new clause would give Ofcom powers to measure the delivery of public service content on the linear services of the public service broadcasters, and set quotas if it considered the current level to be unsatisfactory.

New clause 22—Duty to report on workforce diversity and equality requirement—

“(1) Public service broadcasters (“PSBs”) must prepare and publish a statement on a workforce diversity and equality strategy within the period of one year beginning with the day on which this Act is passed.

(2) A workforce diversity and equality strategy must comprise a plan setting out how PSBs are taking appropriate steps towards improving diversity and equality within the workforce in the period covered by the plan, which must cover not more than three years.

(3) In particular, a workforce diversity and equality strategy must state a PSB’s objectives and priorities for the period it covers.

(4) A workforce diversity and equality strategy must include a summary and an evaluation of the activities and initiatives pursued or commissioned by a PSB in the exercise of its functions under subsection (1) in the period to which the strategy relates.

(5) Before the end of the period covered by a workforce diversity and equality strategy, PSBs must prepare and publish a strategy for a further period, ensuring that each successive strategy covers a period beginning immediately after the end of the last one.

(6) In preparing or revising a workforce diversity and equality strategy, a PSB must consult such persons as they consider appropriate.

(7) OFCOM must prepare and publish a report on workforce diversity and equality strategy statements produced by PSBs set out in subsection (1), in particular—

(a) summarising what actions a PSB is planning and taking in the exercise of its strategy under subsections (1) to (3);

(b) assessing what progress has been made towards achieving the objectives and priorities set out in a strategy in the relevant period.

(8) The first annual report by OFCOM on workforce diversity and equality is required to be published within a period of 18 months beginning with the day on which this Act is passed.

(9) OFCOM must prepare and publish subsequent reports on PSBs’ strategies and progress against them every three years thereafter.”

This new clause introduces a requirement for PSBs to publish objectives on the promotion of diversity and equality among the workforce and for Ofcom to monitor and report on PSB performance on meeting this requirement.

New clause 23—Duty to report on media literacy requirement—

“(1) Public service broadcasters (“PSBs”) must prepare and publish a statement on a media literacy strategy within the period of one year beginning with the day on which this Act is passed.

(2) A media literacy strategy is a plan setting out how PSBs are taking appropriate steps towards improving levels of media literacy among audiences in the period covered by the plan, which must be not more than three years.

(3) In particular, a media literacy strategy must state a PSB’s objectives and priorities for the period it covers.

(4) A media literacy statement must include a summary and an evaluation of the activities and initiatives pursued or commissioned by the PSB in the exercise of their functions under section (1) in the period to which the report relates.

(5) Before the end of the period covered by a media literacy strategy, PSBs must prepare and publish a strategy for a further period, ensuring that each successive strategy covers a period beginning immediately after the end of the last one.

(6) In preparing or revising a media literacy strategy, a PSB must consult such persons as they consider appropriate.

(7) OFCOM must prepare and publish a report of the media literacy strategy statements set out in subsection (1), in particular—

(a) summarising what actions a PSB is planning and taking in the exercise of its strategy under subsections (1) to (3);

(b) assessing what progress has been made towards achieving the objectives and priorities set out in a strategy in the relevant period.

(8) The first annual report by OFCOM on media literacy is required to be published within a period of 18 months beginning with the day on which this Act is passed.

(9) OFCOM must prepare and publish subsequent report on PSBs’ strategies and progress against them every three years thereafter.”

This new clause introduces a requirement for PSBs to take appropriate steps in relation to improving levels of media literacy among their audiences and for Ofcom to monitor and report on PSB performance on meeting this requirement.

New clause 24—Duty to report on viewer and listener consultation requirements—

“(1) Public service broadcasters (“PSBs”) must prepare and publish a viewer and listener consultation strategy (“consultation strategy”) within the period of one year beginning with the day on which this Act is passed.

(2) A consultation strategy is a plan setting out how PSBs are taking appropriate steps towards improving levels of engagement with audiences in the period covered by the plan, which must be not more than three years.

(3) In particular, a consultation strategy must state a PSB’s objectives and priorities for the period it covers.

(4) A consultation strategy must include a summary and an evaluation of the activities and initiatives pursued or commissioned by the PSB in the exercise of their functions under section (1) in the period to which the report relates.

(5) Before the end of the period covered by an audience consultation strategy, PSBs must prepare and publish a strategy for a further period, ensuring that each successive strategy covers a period beginning immediately after the end of the last one.

(6) In preparing or revising a media literacy consultation strategy, PSBs must consult such persons as they consider appropriate.

(7) OFCOM must prepare and publish a report assessing PSBs’ consultation strategies, in particular—

(a) summarising what actions a PSB is planning and taking in the exercise of its strategy, and

(b) assessing what progress has been made towards achieving the objectives and priorities set out in a strategy in the relevant period.

(8) The first annual report by OFCOM on PSBs’ consultation strategies must be published within a period of 18 months beginning with the day on which this Act is passed.

(9) OFCOM must prepare and publish subsequent reports on PSBs’ strategies and progress against them every three years thereafter.”

This new clause introduces a requirement for PSBs to produce a strategy and objectives for increasing levels of consultation with user listeners and for Ofcom to monitor and report on PSB performance on meeting this requirement.

Amendment 81, in clause 1, page 2, line 38, at end insert—

“(iii) a sufficient quantity of audiovisual content so as to permit fulfilment of the public service remit for television in the Gaelic language as spoken in Scotland”.

This amendment would require OFCOM to report on whether a sufficient quantity of audiovisual content in Gaelic is televised to meet the public service remit for television.

Amendment 1, page 3, line 10, at end insert—

“(5A) In assessing the extent to which the requirements of subsection (5)(b)(i) have been met OFCOM must have particular regard to the importance of content recognising the culture and heritage of those parts of the United Kingdom recognised under the Council of Europe Framework Convention for the Protection of National Minorities.”

This amendment requires OFCOM to have regard to the Council of Europe’s Framework Convention for the Protection of National Minorities when reporting on the fulfilment of the public service remit through audiovisual content by the public service broadcasters.

Amendment 86, page 3, line 13, leave out from “appropriate” to end and insert—

“level of programming from a diverse range of genres including, among others, education, entertainment, music, arts science, sports matters of international significance, religion and specialist interests.”

This amendment would add detailed description of the range of genres which Ofcom must report on whether the public service broadcasters have made available.

Government amendment 19.

Amendment 79, in clause 3, page 7, line 15, at end insert—

“(c) which is broadcast via UHF frequencies that can be received by a minimum of 98.5% of the population of the United Kingdom.”

This amendment amends the definition of public service for Channel 3 and Channel 5 to include an obligation to broadcast via digital terrestrial television, on the basis of the already existing licence requirements applying to PSB DTT multiplexes.

Amendment 80, page 7, line 32, at end insert—

“(d) which is broadcast via UHF frequencies that can be received by a minimum of 98.5% of the population of the United Kingdom.”

This amendments amends the definition of public service for Channel 4 to include a obligation to broadcast via digital terrestrial television, on the basis of the already existing licence requirements applying to PSB DTT multiplexes.

Amendment 82, in clause 8, page 9, line 29, at end insert—

“(c) a duration such as OFCOM considers appropriate of those independent productions are commissioned from smaller studios”.

This amendment would require OFCOM to require licensed public service channel regulatory conditions to include commissioning from smaller studios.

Amendment 83, page 9, line 29, at end insert—

“(1A) The regulatory regime for Channel 4 includes the conditions that OFCOM consider appropriate for securing that, in each year, not less than 35% per cent of Channel 4's total expenditure on qualifying audiovisual content is allocated to independent productions made by independent production companies with annual turnover not exceeding £25,000,000.

(1B) The Secretary of State may by regulations amend subsection (1A) by substituting a different figure for the annual turnover specified in that section.

(1C) Before making regulations under subsection (1B), the Secretary of State must consult—

(a) OFCOM,

(b) Channel 4, and

(c) independent production companies that are likely to be affected by the regulations.”

This amendment would require that at least 35% of Channel 4’s annual expenditure on qualifying audiovisual content be allocated to productions made by independent producers with annual revenues smaller than £25m. It also provides the Secretary of State the power to amend, following consultation, the revenue figure defining the production companies to which the requirement applies.

Amendment 84, page 10, line 15, before “commissioning” insert

““annual revenue” means the reported revenues published in the annual accounts of the respective independent production company, covering the most recently available period of 12 months;”.

This amendment would insert a definition for the purposes of Amendment 83.

Amendment 85, page 10, line 17, at end insert—

““independent production companies” has the same meaning as in the Broadcasting (Independent Productions) Order 1991;”.

This amendment would insert a definition for the purposes of Amendment 83.

Government amendments 20 to 40.

Amendment 88, in clause 25, page 30, line 30, at end insert—

“(4) On the date on which section 21 comes into force, the Secretary of State must revise the list maintained for the purposes of Part 4 of the Broadcasting Act 1996 so that it includes—

(a) at least one cricket test match each year between the months of May and September;

(b) at least one cricket One Day International match each year between the months of May and September;

(c) all other currently listed Group A events.

(5) The events listed under subsection (4) must be allocated to Group A.”

Amendment 5, in clause 28, page 41, line 10, leave out “an appropriate” and insert “a significant”.

This would require that designated internet programme services are given significant prominence within regulated television selection services.

Amendment 78, page 42, line 3, at end insert—

“(f) any local digital television programme service that OFCOM determines is willing and able to offer an internet programme service.”

This amendment includes local digital television services within the prominence framework for designated internet programme services where OFCOM determines a service is willing and able to offer such a service.

Amendment 87, page 42, line 21, leave out “an appropriate” and insert “a significant”.

This amendment would require a provider of regulated television selection to give significant prominence to designated internet programme services.

Government amendments 41 to 49.

Amendment 6, page 69, line 1, leave out clause 31.

This would retain section 295 of the Communications Act 2003, which restricts C4C’s involvement in programme-making.

Government amendments 50 and 51.

Amendment 18, in clause 38, page 79, line 25, at end insert—

“(4A) When considering the adequacy of age ratings, OFCOM must report on the extent to which any age ratings used by providers are—

(a) clear and well understood by consumers;

(b) underpinned by a published and transparent set of standards; and

(c) informed by regular and substantive consultation with the UK public.”

This amendment sets conditions to be used by OFCOM when reporting on the adequacy of the age ratings classification systems used by providers.

Government amendment 52.

Amendment 7, in clause 44, page 83, line 36, leave out subsection (3).

This amendment and Amendments 8 to 13 would broaden the scope of the requirements placed by the Bill on local radio broadcasting licences, so that the current scope of local material as news, information and other spoken material is retained.

Amendment 8, page 84, line 6, leave out “news and information” and insert

“news, information and other spoken material and music”.

See explanatory statement to Amendment 7.

Amendment 9, page 84, line 23, leave out “news and information” and insert

“news, information and other spoken material and music”.

See explanatory statement to Amendment 7.

Amendment 10, page 84, line 24, leave out “news and information” and insert

“news, information and other spoken material and music”.

See explanatory statement to Amendment 7.

Amendment 11, in page 84, line 26, after “news” insert

“, information and other spoken material and music”.

See explanatory statement to Amendment 7.

Amendment 12, page 84, line 34, after “news” insert

“, information and other spoken material and music”.

See explanatory statement to Amendment 7.

Amendment 13, page 84, line 36, after “news” insert

“, information and other spoken material and music”.

See explanatory statement to Amendment 7.

Government amendments 53 to 59.

Amendment 2, in clause 50, page 114, line 7, leave out subsections (2) and (3) and insert—

“(2) Section 40(3) of the Crime and Courts Act 2013 is omitted.”

This amendment would allow the Secretary of State the option in future of commencing subsection 2 of Section 40 of the Crime and Courts Acts 2013.

Amendment 3, in clause 55, page 115, line 25, leave out “50” and insert “(Consultation on section 50)”.

This amendment, together with Amendment 4 and NC3, would require the Secretary of State to consult on alternative incentives to encourage publishers or regulators to seek recognition under the terms of the Royal Charter for the Self-Regulation of the Press, and to lay a report on the consultation before Parliament, before section 50 could be commenced.

Amendment 4, page 115, line 35, at end insert—

“(ga) section 50 (but see section (Consultation on section 50));”.

See explanatory statement to Amendment 3.

Government amendments 60 to 74.

Amendment 17, in schedule 5, page 145, line 4, at end insert—

“(aa) persons designated by the Secretary of State as the responsible authority under Section 4(1) of the Video Recordings Act 1984;”.

This amendment ensures that the British Board of Film Classification is consulted by OFCOM when drawing up the Video on Demand codes.

Government amendment 75.

Amendment 14, page 146, line 34, leave out “40 per cent” and insert “80 per cent”.

This would require Tier 1 on-demand services to provide subtitling for 80% of their on-demand TV content from the second anniversary of the publication of the accessibility code.

Amendment 15, page 146, line 36, leave out “5 per cent” and insert “10 per cent”.

This would require Tier 1 on-demand services to provide audio-description for 10 per cent of their on-demand TV content from the second anniversary of the publication of the accessibility code.

Amendment 16, page 147, line 1, leave out “2.5 per cent” and insert “5 per cent”.

This would require Tier 1 on-demand services to provide sign language presentation or translation for 5 per cent of their on-demand TV content from the second anniversary of the publication of the accessibility code.

Government amendments 76 and 77.

[George Eustice]

There are a number of new clauses and amendments in my name that I wish to speak to, but principally among them I will speak to amendment 2, which relates to the repeal of section 40 of the Crime and Courts Acts 2013. With the will of the House, I will press the amendment to a Division later today, but first I will briefly address some of the other amendments.

Amendment 1 is not actually linked to the debate about section 40, or indeed the Leveson inquiry; it is about something very different. It simply states that Ofcom, when considering and assessing the public service remit, should also have regard to the framework convention on national minorities. That is because the current framework acknowledges the importance of languages in this country and their recognition under the framework convention on minority languages, but it omits the framework convention on national minorities. That is of particular importance to places such as Cornwall, Scotland and Wales, where the culture and identity goes beyond just language. I hope the Government will consider addressing this matter in the other place as the Bill progresses.

New clause 3 addresses the simple reality that although the Government have said that they intend to repeal section 40 of the Crime and Courts Act, Ministers have confirmed to me that the Government remain committed to the continued existence of the royal charter on self-regulation of the press. That royal charter was established by David Cameron when he was Prime Minister, in response to the recommendations of the Leveson inquiry. Conservative Members voted to put in place section 40 in order to create an incentive to join the royal charter. Given that the Government have said that they want to repeal section 40, which created that incentive, but that they remain absolutely committed to keeping the royal charter, surely they should at the very least have a call for evidence to examine what other possible incentives might encourage publishers to join that royal charter.

If the Government did not believe in the royal charter on self-regulation of the press, they would simply bring forward Orders in Council to disband the royal charter, as is provided for under article 10 of the charter. The Government do not want to do that, so if they remain committed to the royal charter, let us at least explore those options. They could include giving publishers access to arbitration so that they can get a fairer share of the advertising revenue for the news content they produce. That remains an open problem; some Government legislation seeks to address it, but it could go further.

I wish to focus principally on amendment 2, since that is the one I intend to press to a Division. The amendment would simply put in place a more precise cut to deliver the Government’s objectives. Section 40 of the Crime and Courts Act 2013 had two parts. The first part—subsection (2)—created an incentive for publishers to join because it gave them protection against those with deep pockets. There was a carrot and a stick in section 40. The carrot was that if, for the sake of argument, a Russian oligarch threatened a publisher and said, “We’re going to get Carter-Ruck to write expensive letters to you. We will see you in court if you publish this,” that publisher would have had protection because they would have been able to say to the rich and powerful, “We have confidence in our story and are going to run it, and if you don’t like the story, we will see you in arbitration; we won’t see you in court. If you insist on taking us to court and bypassing that arbitration, you will pay the publisher’s costs as well as your own.”

That was the carrot—the bit that the press never objected to. No one ever raised an objection to that. But there was also a stick—subsection (3) of section 40. The stick basically said that publishers who do not join a recognised regulator have more cost exposure to ordinary citizens who have had their lives and privacy violated and have no redress other than to bring legal action. The press never objected to the carrot; they only ever objected to the stick. Because they are a glass-half-empty type of industry, they of course tended to focus on the bit they did not like rather than the bit they did like, and they lobbied furiously to have that part of section 40 removed.

Then we come to the 2017 Conservative manifesto—let us be honest: it was not the best manifesto the party has ever drafted. Probably due to a drafting error, that manifesto pledged not just to remove subsection (3) of subsection 40, which was all that was required and which would have delivered the spirit of that manifesto commitment, but committed to remove the entirety of section 40, which was completely unnecessary.

Amendment 2 would remove the stick but retain the carrot. It would remove subsection (3) of section 40. In that, it would deliver everything the press have ever wanted, and therefore also satisfy the Government’s intentions.

Australia and New Zealand Trade Deals

Debate between Baroness Winterton of Doncaster and George Eustice

Monday 14th November 2022 Commons Chamber

[George Eustice]

The CPTPP has provisions for its own dispute resolution and they are modelled on what happens in the WTO, but here is the thing: if we do not get the negotiation right with CPTPP it might undermine our ability to practise our own SPS regime and have independence in this area.

If we were to have a significant increase in Australian beef, because we had been forced by a court or a dispute resolution service to allow hormones in beef—and there have been close challenges in the past, through the WTO—that would be intolerable for any British Government. The Government of the day would probably have to trigger article 32.8 of the agreement and give six months’ notice to terminate the FTA. In my view the best clause in our treaty with Australia is that final clause, because it gives any UK Government present or future an unbridled right to terminate and renegotiate the FTA at any time with just six months’ notice. Many Members will remember that we had hours of fun in the last Parliament discussing triggering article 50 of the treaty on European Union; I suspect we would prefer not to have to go back to that, but article 32.8 is the ultimate and final sanction, which, as things have turned out, is a critical safeguard given the size of the concessions made to Australia in the trade deal.

What lessons should we learn? First, and most important, we should not set arbitrary timescales for concluding negotiations. The UK went into this negotiation holding the strongest hand—holding all the best cards—but at some point in early summer 2021 the then Trade Secretary my right hon. Friend the Member for South West Norfolk (Elizabeth Truss) took a decision to set an arbitrary target to conclude heads of terms by the time of the G7 summit, and from that moment the UK was repeatedly on the back foot. In fact, at one point the then Trade Secretary asked her Australian opposite number what he would need in order to be able to conclude an agreement by the time of the G7. Of course, the Australian negotiator kindly set out the Australian terms, which eventually shaped the deal.

We must never repeat that mistake. The Minister and Secretary of State will currently be getting submissions from officials saying that we need to join the CPTPP in a hurry and that if we do not do so now we will not join the club early enough and will not be shaping the rules—they will be saying, “We might miss the boat, this is a crucial part of the Pacific tilt” and so on. But the best thing the Minister can do is go back and tell Crawford Falconer, “I don’t care if it takes a decade to do this agreement; we will get the right agreement—we will never again set the clock against ourselves and shatter our own negotiating position.”

The second lesson is that we must look at making a machinery of government change. I believe all responsibility for agrifood negotiations, including relating to tariff rate quotas, should be transferred from the Department for International Trade to the Department for Environment, Food and Rural Affairs, because DEFRA has superior technical knowledge in this area. It is important to remember that DEFRA never left the world stage; the DIT is a new creation with people often lacking experience but doing their best to pick things up, whereas even during the EU era DEFRA maintained a presence in trade negotiations, advising and informing the EU’s position and dealing with matters such as market access around the globe. DEFRA is worldly and has deep technical knowledge in this area and it should, therefore, take full responsibility for negotiating TRQs in agrifood.

The third change we must look at making is strengthening the role of Parliament in scrutinising and perhaps even agreeing the negotiating mandate. Countries such as Japan and the United States and the EU all use their parliamentary processes to their advantage. When we were negotiating with Japan and seeking to increase access for British cheese, I remember Japan said, “We would love to, but unfortunately we can’t because there is a parliamentary motion that we cannot breach. Therefore, we cannot retreat on this position.” The UK does not have that. We could use Parliament and a mandate agreed by Parliament to say to trading partners, “We’re not able to agree to what you’re asking for.” However, if they perceive that Crawford Falconer calls the shots and that he will always go through some back channel to get something agreed, we will not be in a strong position and our negotiating position will be undermined.

That brings me to my final point. I have always been a huge fan of the British civil service; I was never a Minister or politician to level criticism at them. I enjoyed nine years of incredibly good relations with civil servants at all levels, but I do want to raise a comment about personnel within the Department for International Trade. Crawford Falconer, currently the interim permanent secretary, is not fit for that position, in my experience. His approach was always to internalise Australian demands, often when they were against UK interests, and his advice was invariably to retreat and make fresh concessions. All the while, he resented people who had a greater understanding of technical issues than he did. It was perhaps something of a surprise when he arrived from New Zealand to find that there were probably several hundred civil servants in the UK civil service who understood trade better than he did, and he has not been good, over the years, at listening to them. He has now done that job for several years, and it would be a good opportunity for him to move on and for us to get a different type of negotiator in place—somebody who understands British interests better than he has been able to.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

European Union (Withdrawal) (No. 5) Bill

Debate between Baroness Winterton of Doncaster and George Eustice

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 3rd April 2019 Commons Chamber

[The Second Deputy Chairman]

I think the hon. Gentleman is expressing a debatable opinion about the Bill. The Public Bill Office is always available to advise Members on the drafting of the Bill. I think we will leave it there.

[George Eustice]

I put on record my enormous respect for my right hon. Friend the Member for West Dorset. I appreciate that through all the measures that he has tabled, he is trying to deal with the incredibly difficult and complex situation that the country faces. From the time I was first involved with the party, I have worked with him closely. He has been the anchor-man for several leaderships in the Conservative party. Whatever differences Members may have on this issue, he deserves the respect of all Conservative Members.

Amendment 21 would delete subsections (6) and (7) of clause 1, which provide for the House to consider a counter-offer from the European Union. If the Prime Minister were to seek an extension until 30 June 2019 and the European Union made a counter-offer, the question would arise of what should happen next. My contention is that at that point, the Government should bring their own proposals to the House. If the House then felt that it wanted to bind the Government’s hands on what should happen next, that would surely be a matter for a future Bill, given that we have today demonstrated our ability to pass legislation in a speedy and efficient fashion.

Food Banks

Debate between Baroness Winterton of Doncaster and George Eustice

Wednesday 17th December 2014 Commons Chamber

[George Eustice]

No, I will not. We have no time.

That figure can be compared with 86% in 2009-10, so there has been an improvement in payment times.

A number of hon. Members have mentioned sanctions. I have discussed the issue with my own local jobcentre and I can confirm that hardship payments are being paid where needed. The right hon. Member for Birkenhead raised the important question of whether there is more we can do to advertise hardship payments. I can confirm that the Government are looking at ways in which we can advertise them more. My own jobcentre has already made it clear that whenever it sanctions anyone it also explains to them the availability of hardship payments, which is important. I should also say that there are no benchmarks or targets for sanction referrals. We have also tried to speed up the payment of hardship payments to within three days of when people are entitled to them.

I want to turn to a number of other relevant issues. First, is poverty a driver to the use of food banks? It might well be—obviously it is—but the best way to get people out of poverty is to help them off benefits and into work. Since 2010 we have 1.7 million more people in work, which means 1.7 million more people with the security of a pay packet. The latest statistics show that 95% of the jobs being created are full-time jobs.

Let me turn now to food waste, food recycling and redistribution. Much has been done through provisions such as the Courtauld commitment. For instance, we have cut household waste by about 15%, a saving of 1.1 million tonnes of waste, but the Government are committed to doing far more about the redistribution of food. That is why my right hon. Friend the Secretary of State for Environment, Food and Rural Affairs and my hon. Friend the Minister for Civil Society will convene a meeting in the new year with leaders of the major food retailers and other industry representatives to discuss how more surplus food can be put to good use.

In conclusion—

[Ms Rosie Winterton (Doncaster Central) (Lab)]

claimed to move the closure (Standing Order No. 36).

Question put forthwith, That the Question be now put.

Question agreed to.

Main Question accordingly put.