TV Licence Fee

Debate between Alan Brown and Gregory Campbell

Monday 20th November 2017 Westminster Hall

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

It is a pleasure to serve under your chairmanship, Mrs Moon. I, too, congratulate the hon. Member for Warrington North (Helen Jones) on putting both sides of the argument on the petitions. She touched on the issue that I will initially focus on, which is one of the disadvantages I see in the current licence fee arrangement—the enforcement on those who do not have a TV licence. I raise the matter on behalf of a constituent, who has been in contact with me recently to outline his concerns and experience. The Library briefing paper prepared for this debate neatly sets out the laws indicating when a TV licence is required. However, I would argue that the implementation of those laws, unlike other general aspects of law, appears to assume that someone is guilty of the offence of not having a TV licence unless they prove otherwise, whereas normally the law presumes innocence until it is shown otherwise.

My constituent is

“deeply concerned with the manner in which TV Licensing chooses to communicate with unlicensed occupiers; with the accusatory and extremely menacing tone they use in their letters; the relentless requirement for them to “investigate” unlicensed properties; and perhaps most of all by their assumption that those without a TV Licence are most likely guilty until proven innocent.”

He has forwarded copies of communication he has received. Some of the letters he has received contain headings such as:

“Official warning: we have opened an investigation,”

and:

“Your address has been scheduled for a visit by an Enforcement Officer.”

Furthermore, the body of that letter states, “You know. We know.” As my constituent says, the text and headlines cannot be interpreted as anything other than threatening. The language is as bad as that of the rogue car park companies that we all receive complaints about.

The rhetoric ramps up further as the letters continue:

“Our Enforcement Officers visit an address every 5 seconds. Day. Evening. Even weekends. And if no one answers, they can come back.”

One has a bold blood-red stamp stating, “Enforcement Officer Visit Approved.” The next phase is a letter implying that a court case is imminent, with another implied threat:

“We want to ensure you have the information you may need before a hearing is set at your local court. Please read the information below carefully and keep it for your records. You will be allowed to take it into court with you.”

The letter then continues under the heading “What to expect in court,” before offering advice on how to avoid a court summons. It is quite clear that there are heavy-handed threats of court action. The solution offered effectively involves purchasing a TV licence, although there is acknowledgement at the foot of the letter that people can contact TV Licensing to inform it that they do not need one. Even that comes with the caveat:

“We may visit to confirm this.”

There is no doubt that that is extremely intimidating. It is certainly intended to make someone feel that they have to purchase a TV licence. I accept that there is a mechanism for people to highlight to TV Licensing that they do not require a licence. I am sure that is TV Licensing’s excuse for being so heavy-handed: it claims that it offers that alternative. However, that comes only at the end of the letter, and the general content of the communication is always about the requirement to have a TV licence and the threats associated with not having one. It is way too heavily skewed towards intimidation. I would like to hear the Minister’s view on that process and the companies involved in it. It is fine to target those who should pay, but it should not be by intimidation. Quite often it is those who are innocent who feel threatened, whereas people who are willing to deliberately evade often have no concern about such communications anyway.

I am also aware that many people do not know what their rights are regarding inspector visits. My constituent wrote to TV Licensing stating that he was removing its implied right of access to his private property. That was respected for a period, but the licensing authorities have now contacted him. The BBC states:

“We do not recognise this withdrawal in Scotland as different laws apply.”

My constituent is quite tenacious. He has contacted the BBC on that point and submitted a freedom of information request, but the BBC refused to release the information—it has had legal advice and will not divulge that information. I would argue that for the sake of transparency, it should release the information on why its understanding is that implied rights of access do not apply to Scotland because of different laws north and south of the border. Again, I would be interested to hear the Minister’s response to that. It is an important point, because many people do not understand what rights an inspector has to enter their property. That goes along with intimidation and threats in letters, which make people feel that they must let an inspector into their home, but that is not actually the case.

I would like to make a few points about the BBC’s use of TV licence funding, which feeds into why so many people are against the current funding arrangements. As the hon. Member for Warrington North mentioned, there has been a well publicised scandal about the over-inflated salaries being paid and, of course, the inexcusable inequality of women’s pay, whereby a woman presenter is paid substantially less than a male presenter on the same show. That is utterly bizarre and, as I said, inexcusable.

If we look at how viewers in Scotland are treated, we see that only 72% of the licence fee raised in Scotland is actually spent in Scotland. That does not compare well with the situation in other devolved nations. The hon. Lady spoke about the BBC’s fantastic football coverage. I would point out that Gary Lineker gets paid more to present “Match of the Day” than the whole Scottish premiership gets for its highlights package. To me that is simple proof of the tunnel vision the BBC has at executive level.

The BBC’s coverage of the Scottish referendum was frankly woeful at times, and from what I can tell its coverage of Catalonia and the violence perpetrated by the Spanish state has also been sadly wanting. I say “from what I can tell” because I must put on record that I am actually one of the people in Scotland who does not hold a TV licence. I choose to withdraw my funding. It is all legal and above board: I do not watch live TV any more, and neither does my wife. That was a choice we made, but I think it shows how the current model might not be sustainable. Myself and my wife made that choice following the Scottish referendum. We no longer watch live TV, and we do not miss it. It shows that if a habit is broken, it can be hard to mend it.

[Mr Gregory Campbell (East Londonderry) (DUP)]

Has the hon Gentleman suffered the trauma that many people who have ceased watching television have suffered of repeatedly getting letters from TV Licensing insisting that it gets access to the property to prove that they do watch?

[Alan Brown]

Yes, I did suffer that. I alluded to what my constituent has had to put up with, and it was the same for our household, which was bombarded with letters that became increasingly threatening. My wife, who does all my paperwork, contacted TV Licensing and filled in an opt-out form online. That kept it at bay, although the letters have started again, so we need to go through the process again. That shows that people are continually assumed guilty rather than innocent.

From a Scottish perspective, the BBC has resisted calls for a “Scottish six” programme for years. It appears to have caved in to Unionist politicians who have pressurised it, in the fear that a national and international news programme created in Scotland, the same way as Radio Scotland is managed, would somehow create a nationalist nirvana. That is clearly an absurd proposition. Equally absurd is the UK Government’s resistance to devolving powers over broadcasting to Scotland. That is somehow seen as the Scottish National party trying to get its hands on control of output, whereas the SNP actually called for the measure when we were in opposition. It is a further example of Unionist parties conflating the SNP being in government and control being given to the Scottish Parliament. It is the Scottish Parliament as an institution that would control broadcasting powers if they were devolved to Scotland.