Chris Bryant
Main Page: Chris Bryant (Labour - Rhondda and Ogmore)Department Debates - View all Chris Bryant's debates with the Leader of the House
(10 years, 5 months ago)
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Mark Field
My hon. Friend is absolutely right. For those of us who are broadly supportive of the BBC and its values, it is very upsetting to see that aggressive approach, particularly in circumstances such as the ones that I have pointed out, which affect, as I said, many tens of thousands of our fellow countrymen on a day-to-day basis. The notion is put across that somehow, if we lose the money, we will not be able to have CBeebies and BBC4, but again, there has to be a sense of prioritisation in the BBC, which has a very privileged position with its money—some £2.5 billion a year—that it is able to rely on in order to make the excellent programmes to which we have all referred.
I hope that we will have a sensible debate—in fairness to the hon. Member for Bishop Auckland, she has presented some sensible proposals—on how our British Broadcasting Corporation will be funded. The only warning sign is that we are increasingly living in a world of pay-per-view and a proliferation of channels. Like me, the hon. Lady grew up at a time when, until 1982, there were only three channels. A fourth channel then emerged, and suddenly we had a plethora of channels that we can rely on. As a result, if the BBC is to play as important a part in public life in the decades to come, it must be wise to the fact that there will have to be changes to its funding mechanism, without immediately accusing the House, and others who wish it to survive well into the 21st and future centuries, of being aggressively anti what it does.
I hope that the Solicitor-General will have some proposals regarding what I have said, and particularly that he will ensure that the good will towards the BBC in the hearts of many of our fellow countrymen remains intact. Some of the BBC’s antics are the sorts of things that have allowed people who would otherwise oppose the amendments to hold the views expressed in one or two of them, although, as we see, they will not necessarily be discussed to any great extent.
Thank you, Mr Deputy Speaker, for allowing me to make a brief contribution. I look forward to an interesting debate, which I expect will take place not just on the Floor of the House but will make up an important part of discussions on the renewal of the charter in 2016 and beyond.
Chris Bryant (Rhondda) (Lab)
It is a delight to support the amendments tabled by my hon. Friend the Member for Bishop Auckland (Helen Goodman), and an enormous shame that those who drafted the original clauses are not present to take part in the debate that they began.
Chris Bryant
I do not really think the Solicitor-General should be replying to a debate on broadcasting, but I am happy to give way.
The Solicitor-General
I am sure the hon. Gentleman will accept that we did have a debate in Committee, in which the hon. Gentleman who tabled the amendments was a very active member, and he was satisfied with the Government’s approach.
Chris Bryant
Of course—it stands to reason that the hon. and learned Gentleman was present; otherwise, he would not have been able to speak to the amendments. That is a rather redundant, kind of tautologous point—[Interruption.] No, the debate is not finished and I am sorry that the Solicitor-General is adopting that approach. The honest truth is that the Government have approached this whole issue in completely the wrong order. The amendments tabled this evening are the only way we can correct that order because we are putting the cart before the horse.
Surely we should decide what the point of the BBC is and how it should be financed, and then decide on sanctions should those things not be met—not the other way round. Under the Bill, however, before any review of the licence fee and the next charter, it has been decided in principle that there should be a change to the arrangement on sanctions for not paying the licence fee. That is completely the wrong way round. The Government have caved in to some frankly preposterous Back-Bench campaigning, and it is a shame that those campaigners are not present to see the end of this debate and listen to the next stage. The discussion is far from over.
If the Education Secretary were here and looking for a list of British values, I would tell him that I would put the BBC and British broadcasting at the top of that list. I have spoken to politicians from India who said that the style of broadcasting that we invented in this country and exported around the world inspired them to have free and independent broadcasting in their country. I have known politicians from Chile, Argentina and Spain who talked of sitting under the kitchen table and hiding while listening to British broadcasting on the radio—largely through the World Service as it was in the past—because they believed that was the only way they could get an independent source of news.
Chris Bryant
In one moment.
The BBC is not just about independent news; it is about a long tradition of being able to tell a story about British society in a way that incorporates the whole of human experience. That tradition probably stretches way back to Chaucer, Shakespeare, Marlowe and all the rest, and I believe that the modern BBC sits solidly and squarely slap bang in the middle of that tradition, and is itself a British value. The fact that it is funded by the licence fee is part of that—everybody gets to pay for and share in it, and everybody gets something out of it. I know there are people who believe that the licence fee should pay only for high-minded broadcasting—perhaps for news, classical broadcasting and the like.
Chris Bryant
In a moment.
Many of my constituents are on low incomes and in a deprived community, but they are happy to pay the licence fee because it guarantees something for everybody. For them, the sport on television, which would probably be commercially available elsewhere, is public service broadcasting; “EastEnders” is public service broadcasting. The quality that is brought by ordinary broadcasting to everyday lives is part of what people in my constituency believe to be public service broadcasting.
Chris Bryant
I will give way first to the hon. Member for Macclesfield (David Rutley) because I said I would.
David Rutley
The hon. Gentleman misses the point. No Government Member in this debate or in Committee was questioning the values of the BBC.
David Rutley
No, not the values. Some might have questioned some of the services, but not the values or the news services and values that are espoused there—absolutely not. The key issue is whether the late-payment approach should be decriminalised, and that is what all Government Members were keen to do.
Chris Bryant
I completely disagree with the hon. Gentleman, who I know is fair minded. If he were to return to the previous debates, I think he would say that the fundamental argument made by those proposing these measures is that the licence fee should pay only for high-end broadcasting. Frankly, I think of that as getting the poor to pay for broadcasting for the rich. That is why I believe in a licence fee that is paid by every household and guarantees something for everybody.
Kelvin Hopkins
I agree very strongly with my hon. Friend. The licence fee promotes social cohesion, and the alternative would promote social division. He is making the point extremely well.
Chris Bryant
Absolutely. I am not opposed to the idea of ending present licensing offences per se, although I think there are dangers in that which I will come to in a moment. However, doing it in this order, and in a Deregulation Bill that has nothing to do with broadcasting or licensing, is particularly bizarre. On the whole I dislike Christmas tree legislation, which is what the Bill has become, and these proposals are wholly inappropriate. If we had a broadcasting Bill, I would be happy to see these matters debated in the round and in the context of broadcasting. I think we would have a fuller Chamber—better viewing figures perhaps, and not just BBC executives who are doubtless following every second of this debate.
As we consider current offences and whether they should be swept away, we must bear in mind the fact that broadcasting always tends towards monopoly as that is its fundamental nature. It is very expensive to make a programme, but it is more or less as expensive to show that programme to one person as it is to show it to 5,000, 2 million or 5 million people.
Chris Bryant
If the hon. Gentleman will let me finish this argument, I will give way.
I think it appropriate, especially in markets of the size we have in the United Kingdom, to ensure that a pot of money is available for local, British programming—programmes made in this country that reflect its interests, not just in terms of news and current affairs, but drama, comedy, religion, and all the different genres. That is an essential part of ensuring that monopoly does not always triumph.
The hon. Member for Cities of London and Westminster (Mark Field) referred to the £2.7 billion that the BBC is guaranteed as though that were an enormous amount of money. It is nothing compared with Sky, which has £7 billion a year; and how much programming does it produce that is then exported round the world on behalf of Britain? To what extent does it sell Britain abroad? How much does it reflect the whole of British society? It is difficult enough to get a Sky journalist to travel outside the M25, let alone all the way down to Wales, for heaven’s sake. That is why I believe we must have an alternative in the public sector to the monopoly that will otherwise be set up.
Mark Field
I had hoped to agree with what the hon. Gentleman said about this measure being in a Christmas tree Bill. I agree with him fundamentally that it would be better to have it in a proper broadcasting Bill, but the difficulty is that we focus our minds on the BBC only when the renewal of the charter comes up, which is not necessarily the best time to look at these things in the broadest sense. However, I disagree with what he said about Sky. Ultimately, we are all consumers of Sky. It is the market that decides, and if there were no market for it, Sky would not have £7 billion in its coffers. We have £2.7 billion in the BBC, which I think does a terrific job, given that amount of money, but it is right that the market should prevail to a certain extent.
Chris Bryant
Perhaps what the hon. Gentleman says reflects his constituency, but for the majority of the time that I have been a Member of Parliament, the only way in which my constituents could get BBC 3, BBC 4 or, in most parts of it, BBC 2, let alone Channel 4, was to pay Sky. It had an absolute monopoly on digital television in the south Wales valleys. Because of the mixture of platforms, the geography, the various ways in which, for instance, mansion block flats in London work and all the rest of it, it is important that we have a public service broadcaster with a commitment and a statutory requirement to deliver to every household and provide something for everybody: the 83-year-old who likes listening to Chaucer and Mantovani—if there is a person who likes only that combination—and the 18-year-old who is interested only in the kind of things that are shown on BBC 3.
That is an important commitment and we need that combination, because as somebody once put it to me, if we are to have one 800 lb gorilla in the forest, in the shape of Sky, it is a good idea to have a second 800 lb gorilla in the forest, because that is safer for everybody. The competition we have in the UK between public service broadcasting and the commercial sector is positive. We were wrong in the past to campaign against having ITV and the commercial sector and all the rest. It is right to have that mixture. The two feed off each other, and Sky is now finally learning that it is a good idea to produce programmes of its own.
The licence fee is a phenomenal success for this country. The £2.7 billion that the hon. Gentleman talks of is basically an investment in production, which is why programmes are sold all around the world. We are the only country in Europe that manages to be a net exporter of programming. That might be because of our history, but I think it is also because we have a strong BBC. I also think that the alternatives to the licence fee that are experienced elsewhere in Europe, which many people tout—for instance, Germany has a mixture of a licence fee and advertising, others have a public service broadcasting model based just on advertising, and the Netherlands has a fixed amount of income tax—are more flawed than the licence fee. To paraphrase Churchill, yes, the licence fee may be terrible—for all the reasons that I am sure people can adduce: it is not progressive, it bears down unequally, it affects everybody, whether they are rich or poor, and all the rest of it—but it is better than all the alternatives.
Andrew Bridgen (North West Leicestershire) (Con)
Will the hon. Gentleman give way?
Chris Bryant
I am not going to give way, because the hon. Gentleman was not here for the beginning of the debate. I would normally be very generous, but he was not here even for the beginning of my speech, let alone the moving of the amendment.
David Rutley
I have been following the hon. Gentleman’s argument as closely as I can. He makes the point about how important it is to ensure proper programming and how important the licence fee is, but what we are talking about in this debate is whether it should be a criminal offence to pay the fee late or to be unable to pay it. There are many other worthy providers of great public services that do not have that right. That is what we are discussing.
Chris Bryant
It is not, actually. What we are discussing is the order in which the Government should proceed—in other words, whether they should first decide what the future sanction should be and then review the licence fee, or whether they should first review the licence fee and the charter and then decide what the sanction should be. I believe the latter is the only logical and commonsensical way of proceeding. That is why I am strongly supportive of the amendments that my hon. Friend the Member for Bishop Auckland has tabled, because that is precisely what they do. It would be extraordinary if the Government were to oppose our amendments this evening. I know that the Solicitor-General is sometimes a very reasonable man—[Interruption]—although he has not got his reasonable face on now, I see.
The Solicitor-General
The debate we have been having, in Committee and with my hon. Friend the Member for North West Leicestershire (Andrew Bridgen), is about enforcement of the licence fee, not about the principle.
Chris Bryant
I have read all the debates, which were actually about fundamental principles as well, and the fundamental principle for me is that we should do the whole policy in the round, rather than doing it piecemeal in a deregulation Bill.
That takes me to the key point about sanctions. Whatever regime one moves to—whether one decriminalises or not—one needs some form of sanction if one is not fundamentally to undermine the licence fee. As I understand it, the Government do not want to undermine the licence fee. They still support it—[Interruption.] From the look on the Solicitor-General’s face, I see that he is not so sure about that. However, broadly speaking, given that the majority of people in this country support the licence fee and believe that although it might not be perfect—they may support decriminalisation—it is none the less the best way to finance the BBC, it is only common sense for us to ensure that some of form of sanction is available.
As my hon. Friend the Member for Bishop Auckland pointed out, we would need only a very small increase in the rate of licence fee evasion to see a significant fall in BBC income. I can imagine Government Members then being the first to say, “You can’t cut spending on programming in my area”, or “You can’t cut the regional current affairs programme”, or “You can’t cut spending on orchestras”, or “You can’t cut spending on programmes that are produced and delivered in my part of the country.” However, I say to them that if the Government make it easier for people to evade the licence fee, because they have not put in place sanctions—
Chris Bryant
I am not going to give way to the hon. Gentleman. He was not here for the beginning of the debate. End of story, I am afraid.
If the Government do not put proper sanctions in place, they are in danger of cutting the overall income for the BBC. On the whole, I think the idea of a summary review of the licence fee, as well as the way in which Governments have sometimes tended to proceed with a new royal charter, is problematic in a modern democracy. It has meant going through the back door of Buckingham palace, rather than in through the front door of this palace in Westminster. On the whole, I would prefer a proper debate in the round. If there are going to be changes after the next charter review and the next licence fee review, that is the time for us to make proper decisions about how we ensure that the licence fee is not undermined but that some of the egregious examples we have all heard of—people being been sent to prison for what is a minor offence—are dealt with too.
As I have said before, in many ways I agree that the licence fee is terrible—it bears down heavily on the poor, just as it bears down on the rich—but it also means that the poor have an opportunity to get quality television. There are very few things in this country about which one can genuinely say with one’s hand on one’s heart, “We do it better than anyone else in the world”, but I honestly think we do broadcasting better than any other country in the world. By proceeding in the wrong order, because of how the Government have mishandled this debate, there is a danger that we will undermine the licence fee and break something that is fundamentally a British value—good public service broadcasting.
The Solicitor-General
There will clearly need to be a mechanism to effect the change; someone will have to decide what the variable penalties should be, and I shall come on to that in a moment. I do not think it right, however, to prejudge who or which body should do the setting. The hon. Lady suggested one particular body, but we are happy to let the review look into these issues and come up with its thoughts on what sort of regime should or should not be approved.
The amendments are designed to achieve two objectives. Under amendment 62,
“The Secretary of State must lay the terms of reference of a review”
of the TV licensing enforcement regime
“before each House of Parliament.”
Those would be key papers for the review, and there would be others. What normally happens, and what we propose, is that those papers are deposited in the Libraries of both Houses. It would be unusual to lay them before the House. That would be the normal and best way forward, and it would achieve the same effect as the amendment—that is, it would ensure that the House of Commons was fully aware of the details.
Amendment 63 looks to ensure that the power to decriminalise the failure to have a TV licence via secondary legislation, either by replacing the criminal regime with a civil regime, or by enabling the imposition of civil penalties for such offences, would not be exercised until after the conclusion of the charter process. As previously mentioned, this power would need to be exercised in the light of the review’s findings, and considering the full impacts, costs and benefits to licence payers, to the court system—where, as the hon. Lady said, changes are being made—and to businesses of any changes to the enforcement regime. That would be considered in the context of the charter review.
At this stage, it would be premature to put restrictions on the timing of when the power may be exercised, given that the charter review has not yet started, and the Government have not set out the detail of the process and the timing. The Government therefore resist the amendments on the following grounds. First, the key papers will be deposited in the Library in the normal way and, secondly, we do not want to restrict what should or could happen, in terms of decriminalisation, by aligning the legislation with the timing of the charter review, although the legislation would be in the context of the review.
My hon. Friend the Member for Cities of London and Westminster (Mark Field) made the point that we are living in a changing world. That is true, both as regards the courts and how they go about enforcing, and about the media and broadcasting world. It is also true in respect of how we look at enforcement. Given that so many public services have civil enforcement and that it can be effective, it is certainly right, I think, at this point to have a review, and to try to move away from the aggressive approach that my hon. Friend mentioned. The point was made by my hon. Friend the Member for Macclesfield (David Rutley), and I have encountered the issue in my constituency postbag and at surgeries. Elderly people who feel that they have paid their licence fee—they often have—can be threatened with bills, letters about going to court and so forth, yet it is often the TV licensing authorities that have made the mistakes. A civil approach, where at least the threat of court is not frightening elderly, vulnerable and poor people, might be a better way forward. It is certainly something worth reviewing. On the issue of excellence and free markets, it is right that both can deliver.
Chris Bryant
I got a bit confused with all the different reviews we seem to be talking about. We are talking about a review of the charter, which is coming along; and a review of the system of sanctions, which may lead to recommendations on what needs to change and on the use of the secondary legislation included in the Bill. All I am saying is that the latter should not come before the former.
The Solicitor-General
I hope the hon. Gentleman would accept that we are where we are. That may not be novel, but it is true. [Interruption.] It does. The Bill had within its scope the enforcement arrangements for the licence fee. My hon. Friend the Member for North West Leicestershire—not me—was concerned about the issue, which garnered considerable support in the House. He was persuasive in saying that it was right to review this area and take the powers at this convenient opportunity, in case the review comes to the same conclusion as him. [Interruption.] The hon. Member for Rhondda is very experienced in these matters and has had a role in the leadership of House operations, so he understands these things. This is not such a novel and surprising thing. It is actually a good opportunity to tackle an issue that has arisen in Parliament.
Chris Bryant
What I think I understand by that—I hope the Solicitor-General will confirm whether I am right, or will correct me if I have it wrong—is that his Government would or could bring in and use the secondary legislation before the charter review happened. Is that his intention?
The Solicitor-General
It is certainly not the intention to do anything that does not take into account the full context—[Interruption.] The hon. Gentleman laughs, but there is a full context to the charter review. It is difficult when the process has not been set out and nobody is aware of the full details, so one needs to be wary of tying one’s hands too much. All I am saying is that some commitments have been made about the time scale for the review; that is in the legislation. We know when the charter review will take place, and we know that nothing will happen until the review has been completed, taking into account all the various points I have made. That should satisfy the hon. Gentleman.
The hon. Member for Bishop Auckland mentioned variable fees; they are provided for in the Government amendments, which also deal with the question of extent and the Crown dependencies. I commend Government amendments 14 and 15 and 20 and 22, and urge the hon. Lady to withdraw the amendment.