Media Bill

Baroness Bennett of Manor Castle Excerpts

Committee stage
Wednesday 8th May 2024 Lords Chamber

[Noble Lords]

No.

[Baroness Bennett of Manor Castle (GP)]

There are new rules.

[Lord Wigley (PC)]

Well, I hasten to add that I have no intention of going beyond that time. If that is a new rule, of which I was unaware, I certainly think it is a highly retrograde step because in Committee we should be exploring all the implications of all amendments. That is something we will no doubt return to at another time.

I welcome this debate and these amendments, particularly the way in which the noble Lord, Lord Teverson, moved his amendment and made reference to Wales as well as Scotland. I do not intend to go in depth into the Scottish context. I welcome the fact that amendments have come from that side of the Committee, with their intentions shared in other parts of the Committee, no doubt. I discussed some of these matters with friends in the Scottish National Party but, quite frankly, I feel incapable of addressing the Scottish context, which is very different from the Welsh context in terms of structure and the location and strength of the language in the country as a whole.

I would like to make this point at the beginning of my remarks. On page 6 of the Bill, which was referred to by the noble Lord, Lord Teverson, it says

“‘recognised regional or minority language’ means Welsh” ,

et cetera. But Welsh is not a minority language. Welsh is a national language in Wales and is officially recognised as such in statutes passed by Westminster. Therefore, it is inappropriate for that terminology to be used in this context.

In saying that, I should perhaps clarify, in case there is some uncertainty about it, that I come from a very different background to most Members in this House. Welsh is my first language; Welsh is the language that I speak almost all the time at home; Welsh is the language of 90% of my community and village, and 70% in the county in which I live. I have two children and six grandchildren. All six grandchildren speak Welsh as a first language; those six grandchildren have two grandparents who are Welsh-speaking and four who are not Welsh-speaking. That is the reality in Wales today: Welsh is a language that has been grasped by people of Wales, in Wales, but also by people have also moved into Wales. It is part of their heritage. In fact, there are 20 Welsh-medium schools in Cardiff now, teaching through the medium of Welsh. That is the reality.

Welsh is a language that has a diversity within it as well. People come on holiday to Wales and they see Jason Mohammad on Welsh television. The sound is off in the pub, so they turn it up to hear what he is saying. They are amazed when they find that Jason Mohammad is, of course, speaking in Welsh. He is one of the Welsh community, a fluent Welsh speaker, and he learned it as a second language. We have rappers, such as Sage Todz, who raps in Welsh and in English. There is no problem with that. They are an ethnic part of the Welsh community, and the language belongs to the whole of Wales. It belongs to those who speak Welsh and to those who do not speak Welsh, because it is part of our culture.

There have been changes in places such as Merthyr Tydfil, where I lived before I entered Parliament. The language was almost dead when I was there. It is partly thanks to television and partly thanks to education that things have changed since then. We will be coming on to some of these aspects in a later bank of amendments. However, I want to make the point as strongly as I can that the context of the Welsh language is a very different one to being treated as a minority language or a regional language.

This does raise questions in relations to Welsh and to Gaelic, whether they should be seen just in a Scottish context—or in a part-of-Scotland context for Gaelic—or in a Welsh context—the whole of Wales, as far as Welsh is concerned, where it is an official language throughout the whole of Wales—or should they be seen in a British context? That is the implication in some of these amendments. If they are being seen in a British context, do they have a claim to existence, in respect and with regard to nurturing, within England itself?

There was a time when I was on the board of S4C —the Welsh language television service—where some of our programmes were being picked up in England, particularly things like rugby, understandably, where there were audiences of 100,000 and more from within England. That raises the question: how many people in England actually speak Welsh? We do not know that, because in successive censuses—in 2001, 2011 and 2021—there has been a refusal to ask that question in England. It may be 100,000; it may be 200,000; it may even be half a million. We do not know.

We know that many, many young people leave Wales to look for work, and they live in England. They tune into S4C, and, of course, it is very much easier to do that now than when I was on the board in earlier times. The fact that there can be audiences of that scale indicates that a question must arise if you are talking about minority languages. What is the position of minority languages such as the Gaelic language and the Welsh language in England? What intentions will there be to find out how many speakers there are? What are the appropriate requests and demands of those? In terms of television, which we are discussing, there is now no problem: television knows no boundaries, and Welsh-language television can be seen in the United States, in Patagonia or wherever, because of the facility technology affords to it.

There are a number of questions that arise in that context. This is not the time to follow this through, but they run through to questions as to whether the Welsh language and the Gaelic language should be available, in some schools at least, in conurbations in England if we are saying that the Welsh and Gaelic languages are British languages. I just assume that this is the position from which the Government come on such matters. In which case, what are the Government going to be doing about it?

I am grateful for these amendments being tabled because it puts into context our interpretation of the words “regional or minority language”, which are on the face of the Bill. I suggest that this needs to be thought through again, in order for it to have a respect, or even a meaning, as far as we in Wales are concerned.

[Baroness Fraser of Craigmaddie (Con)]

My Lords, I declare my interest as a director of Creative Scotland. I thank my noble friend Lord Dunlop for his work to champion the Gaelic Media Service and add my support to his amendment.

I just want to respond a little bit to the comment of the noble Lord, Lord Wigley, that the Welsh and Scottish situations are not the same. No, they are not, and we feel rather hard done by because, as the noble Lord said, the two pillars of education and broadcasting have done much to support the Welsh language. I think that my noble friend Lord Dunlop’s amendments are just trying to reverse what I call the devolution deficit that has done no favours to the Gaelic Media Service.

We heard at Second Reading about the economic benefits of MG Alba. It sustains 340 jobs in the Highlands and Islands and produces gross value added of over £17 million. It is very interesting today that the Scottish Government’s new Deputy First Minister is not only a fluent Gaelic speaker and the first-ever Scottish Minister for Gaelic, as my noble friend said, but she also has responsibility for the economy. Despite its impressive economic record, however, MG Alba is facing a huge generational challenge at this very moment of having to transition to a digital service on its existing funding.

My noble friend Lord Dunlop has already set out that Scottish Government Ministers have been very vocal about their so-called strong and consistent support for the Gaelic language service. What I support about my noble friend’s amendments is that, by denominating the Gaelic Media Service as a public broadcaster, they are not committing the UK Government to funding, but they could ensure that the Scottish Government are held more accountable for their—in real terms—dwindling support for MG Alba.

If the Minister is minded in his reply to say that this issue should wait for the BBC charter review, I respectfully warn him that he is in danger of conflating two issues. The Media Bill is the appropriate place to confirm that there should be a Gaelic broadcaster. It is the place that confirms again that there should be a Welsh language public broadcaster, so why not Gaelic? The charter review would simply be a mechanism for the delivery of this. Frankly, if MG Alba has to wait another two years, it may be too late for the future of the Gaelic Media Service.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise humbly to take part in what has been a very rich and informative debate. I would particularly single out the contribution of the noble Lord, Lord Wigley. I apologise that I did not take part in the Second Reading of this Bill due to other commitments. I declare for general purposes for the whole of this Bill that I was formerly an editor of the Guardian Weekly and spent 20 years as a journalist, so that is the background that I bring into this.

We have uncovered some important technical drafting detail here, both from the noble Lord, Lord Teverson, and the noble Lord, Lord Wigley, and I hope that we will certainly be seeing some government amendments on Report addressing those issues. However, I really just wanted to offer general Green support for the importance of having linguistic diversity broadcast across these islands, and I really wanted to stress that this is a terribly important issue.

We were talking in the last group about the British broadcasting ecosystem having a general claim to being world-leading. I am afraid that English characteristic monolingualism is something of a global joke. It is really important that we acknowledge that there is multilingualism on these islands, and it needs to be supported and encouraged.

I experienced a monolingual environment in the Australia of my childhood. Having exposure to only a single language impoverished my youth. Welsh, Scottish Gaelic, Ulster Scots, Irish and Cornish are treasures of these islands, and they need support. They preserve tradition and knowledge, and they contribute to cultural diversity.

I note that, last week, the Scottish Parliament’s Education, Children and Young People Committee heard evidence on the proposed Scottish Languages Bill, which aims to establish official status and improve educational support for languages. The chair of the professional association for Gaelic secondary teachers noted that Gaelic-medium education is, in effect, now stopping at S1 or S2. In 2023, only 1% of primary school pupils were in GM education, but 46% of primary school pupils in the Western Isles, for example, are in Gaelic-medium education and 54% study Gaelic. If we are going to have broadcasters that truly serve across these islands, we clearly need to see the delivery of all these languages.

--- Later in debate ---

[Baroness Bennett of Manor Castle (GP)]

My Lords, I offer Green support for Amendment 9, which I think has already been very powerfully argued for. I also note the degree of lobbying, from the Citizens’ PSM Forum, already referred to, but also a number of other groups and individuals who have contacted me about this, indicating that they regard this as terribly important.

I will focus on science, because I think that science broadcasting, in terms of socially valued public service genres, really deserves to be stressed. This picks up points made by the noble Baroness, Lady Hayman, on the first group, in the context of our climate emergency and all the other exceeding of planetary boundaries threats that we face. I am speaking in the context where today’s Guardian reports that a survey of IPCC scientists notes that the majority view is that we are heading towards 2.5 degrees of global heating. I remain an optimist and I do not necessarily agree with that—it is a question of social innovation and change—but what is clearly crucial is that the public sector broadcasters provide the scientific information and context that the public need to understand the debates and the issues.

I declare my position here as a science graduate from 1987. Much of what I was taught in my science degree I now know to be utterly out of date. One thing that may not apply to the other aspects of this—certainly to the first point here—is that science changes with lightning speed. Most of what I was taught in soil science I can now regard only as absolute junk. Much of what I was taught in genetics has been utterly overturned. If we are to have a public who are informed about these really crucial issues, science programming can be difficult, controversial and very expensive but it is crucial that there is a remit in the Bill that we need this from our public sector broadcasters.

Personally, I try to keep up to date with a whole range of podcasts. I can recommend to noble Lords “Big Biology” or the New Books Network “Systems and Cybernetics” channel, but they are not necessarily terribly accessible and it is really important that we have public sector broadcasters providing the content that informs the public on scientific issues.

[Baroness Bonham-Carter of Yarnbury (LD)]

My Lords, I too have added my name to Amendment 9. As the noble Viscount, Lord Colville, and the noble Baroness, Lady Fraser, said, a clear definition of the genres, rather than the vague “appropriate”, is necessary to ensure commissioning from the PSBs across a full range of programmes and proper oversight from Ofcom. As my noble friend Lord Foster mentioned, the Minister said earlier that the Bill has not removed Section 358 of the Communications Act, which requires Ofcom to collect information on principal genres, but it does not define what these genres are, so we return to the essential fact that, if not specified, Ofcom will not be required to monitor this crucial content in quantitative terms.

Specifying genres provides guarantees for a future we cannot predict. It does not take a lot of imagination to envisage the slippery slope. With the genres gone, there are two likely consequences. First, the commercial PSBs will seek to diminish their commitment and will lobby accordingly, exactly as ITV did with regional current affairs programmes. Secondly, Ofcom will have less discretion to hold them to account if it is under no obligation to monitor individual genres.

I return to the pre-legislative DCMS Committee report and to what the noble Viscount, Lord Colville, said so forcefully, that removing the requirement on commercial PSBs to provide specific genres for UK children’s content

“led to significant reductions in the production of original children’s TV, and we are concerned that the draft Media Bill’s removal of the specific reference to other genres will lead to similar reductions in content, particularly in the less commercially successful areas”.

That is from the committee’s report, but we all agree on it, I think.

I have one rather off-the-wall question, having listened to the very interesting debate about language: can we please find another word instead of “genre”? Maybe there is a Welsh, Gaelic or Cornish word that we could use instead.

Media Bill

Baroness Bennett of Manor Castle Excerpts

Report stage & 3rd reading
Thursday 23rd May 2024 Lords Chamber

[Lord Lipsey (Lab)]

That is right. He has succeeded; I have lost my thread.

If we had had more time or if the phrase “extended consensus” had been interpreted more widely, these matters could have been dealt with. In the end, we will end up with an unnecessarily flawed Bill and a subject to which an incoming Government—as long as they are not a Conservative one—will have to devote their time. We could have wrapped all this up today and adopted the compromise put forward by the noble Baroness, Lady Hollins. If necessary, we could even now improve that compromise by amending it at Third Reading. But we will not do so. The will is not there.

We are now seeing an elected dictatorship of two parties—my own, alas, and the Conservative Party—pushing through things that have not achieved consensus support simply, as I explained at Second Reading, for political advantage. This is a sad day not only for press regulation but for Britain’s democracy.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise briefly to associate the Green Party with the remarks of both the noble Earl, Lord Attlee, and the noble Baroness, Lady Hollins. The noble Baroness spoke up very clearly for the people with very little power who are being crushed by those with great power—the oligarchic press and media system, to which I have referred in previous speeches.

To pick up a point made by the noble Lord, Lord Lipsey, I often hear the phrase, “We are a self-governing House” said with great pride. “We are not ruled by the usual channels”—or at least we are not supposed to be. They do not represent large parts of your Lordships’ House.

[Lord McNally (LD)]

My Lords, I thank the Minister and Members from all parts of the House for their good wishes about my health. I went into hospital yesterday morning for a procedure on a long-standing back complaint. It went very well and as I left, the doctor said, “Oh, you might find a bit of discomfort once the painkillers wear off”. Always listen to your doctor. I was really touched to read today’s Hansard. There were good wishes that you usually have to die to get in this House. I feel rather like Tom Sawyer in that respect.

The noble Lord, Lord Lipsey, is right—I am only going to speak to the amendments to Clause 50—as the notes issued by the House on the wash-up period state:

“The wash-up period allows a Government to enact essential or non-controversial legislation”.


Whatever else this is, Clause 50 is neither of those things. We all know it has been put into the Bill like a sore thumb, to fix a deal between the Conservative Party and the major newspaper proprietors. That is the wicked world in which we live.

Having served in government and in this House for well over 30 years, I cannot get excited about wash-up. George Woodcock, the great trade union leader of the early 1960s, said that good trade unionism is a series of squalid compromises; so is wash-up, I am afraid. I understand what we are doing today. If we did not have this rather crude end to a Parliament, even a general election period of six weeks would be eaten up by both Houses debating Bills. It is not the end of the world; there is another Parliament coming.

I can see that the noble Lord, Lord Black, is in his place. Like Don Quixote, he is ready to charge at the windmills of state control of the press. That has never been any part of Section 40, as the noble Baroness, Lady Hollins, explained in quoting the expert on the situation, Lord Leveson. I was the Minister in the Ministry of Justice who had responsibility for trying to put forward a solution to the problem of how you square the circle of press freedom and the power of big money in the press. I find it ironic that, at the end of this Parliament, we are being asked simultaneously to help the titans of the press to escape the bullying of SLAPPs—that is the use of big money to curb freedom—and at the same time those same press bodies are resisting attempts to give the ordinary citizen the protection from big-money press that they are asking for.

--- Later in debate ---

[Lord Pannick (CB)]

The reality of political life—the noble Lord knows this as much as I do—is that wash-up is a very difficult constitutional concept. However, that is what we have, and it is the only way of getting business through. Since the noble Lord asks me, I do not think this is contentious at all. I thought the provision of Section 40 when it was enacted was a disgrace.

[Baroness Bennett of Manor Castle (GP)]

My Lords—

[Lord Pannick (CB)]

Wait a minute. I have continued to consider so since, and my views are confirmed by the fact that we have all managed perfectly well for 10 years.

[Baroness Bennett of Manor Castle (GP)]

My Lords—

[Lord Pannick (CB)]

Give me a moment. I said I would give way, but I would like to finish my point. If the noble Baroness does not mind, I would like to finish my answer to the noble Lord and then I will happily give way to her.

Therefore I do not consider this contentious, because there is no conceivable justification for maintaining any part of Section 40. I happily give way.

[Baroness Bennett of Manor Castle (GP)]

I thank the noble Lord for giving way, and I suggest that perhaps his tone is testimony to the degree of contention in your Lordships’ Chamber at this moment. I also contest the argument he makes that lots of examples have not been given. As was pointed out, examples were given yesterday in Committee, but your Lordships’ House is also very aware of the wash-up procedure and the need for speed, and people’s desire to progress. However, just to give the noble Lord one example, the NUJ—the National Union of Journalists—ethics and disabled members councils have written to IPSO complaining about its failure to address the way in which disabled people are covered by the media organisations that it is supposed to regulate, and asking for action. I have seen no sign of action. That is just one example, since the noble Lord asked for them.

[Lord Pannick (CB)]

That is a very sensitive subject.