Data Protection Bill [Lords]

Christine Jardine Excerpts

Money resolution: House of Commons & Programme motion: House of Commons
Monday 5th March 2018 Commons Chamber

[Bill Wiggin (North Herefordshire) (Con)]

I draw Members’ attention to my entry in the Register of Members’ Financial Interests. I will start with a little anecdote about my local paper and IPSO. On 9 November, just four days after the Paradise papers story broke, the Hereford Times published the headline, “Tory MP dragged into offshore row”. It clearly implied a connection between me, a law firm I have never had anything to do with, and tax avoidance, which, equally, I have had nothing to do with. To make matters worse, the editor then chose to publish letters the next week from readers who believed that I was part of the Paradise papers. Amazingly, IPSO ruled that that was not misleading or inaccurate in any way. Even though the article contained factual inaccuracies that I had pointed out, IPSO’s complaints committee simply ignored them. IPSO is a press protector, not a press regulator. MPs can speak out against it in the public domain, but normal people have no such voice, so we need this excellent Bill, which I look forward to supporting, largely because of the amendments from Earl Attlee.

Let me describe the Hereford Times a little bit. It is owned by Newsquest, which is a wholly owned subsidiary of Gannett Company UK, the UK branch of Gannett Company—a US media giant. In 2015, Newsquest reported a loss of £24,349,000. Meanwhile, Gannett reported revenues of £2.89 billion and a net income of over £146 million. On 11 August 2017, Chris Morley from the National Union of Journalists described Newsquest as

“exporting tens of millions of pounds profit to its US masters”.

In October 2016, the NUJ said, after its pay survey, that Newsquest was one of the stingiest employers, despite Gannett paying its top five executives over £15 million between them. I am pleased to say that I do not believe that John Wilson, the rather hopeless editor of the Hereford Times, was one of them.

Moving on to Leveson 2, Baroness Hollins’ amendment provides for an inquiry with similar terms of reference to part 2 of the Leveson inquiry. I am obviously extremely disappointed that the Government last week chose to abandon Lord Leveson’s recommendations. The inquiry was always one inquiry in two parts, not two inquiries, and it should not stop halfway through. Sir Brian Leveson was absolutely clear in his letter to the Secretary of State that he does not want the inquiry to stop halfway. However, there is no justification for spending millions on part 2 if we are simply to abandon the recommendations of part 1. We must carry out the recommendations of part 1 and then continue with the second half of the inquiry.

An amendment put forward by Earl Attlee in the other place adds provisions similar to those in section 40 of the Crime and Courts Act 2013. The Secretary of State last week suggested that the current system of press regulation was sufficient and that implementing section 40 would damage the freedom of the press and hurt vulnerable local papers, but he is wrong on all those counts. In response to the idea that the current system of regulation is sufficient, I point out that IPSO cannot be “largely compliant.” It is not possible to be largely pregnant—someone is either pregnant or not. As per the Secretary of State’s statement, a regulator either follows all 29 criteria or it does not. IPSO does not, and therefore it is not the method of press regulation that Leveson recommended and that has already been passed into law. The Secretary of State suggests that we do not need further regulation. Why would we regulate energy providers, communications providers and even exam providers, but simply decide to trust newspapers that have criminal convictions? That is plainly barmy.

[Christine Jardine (Edinburgh West) (LD)]

Does the hon. Gentleman agree that it is ironic that the press is not to be regulated, when broadcasters are, via Ofcom?

[Bill Wiggin]

Either we regulate or we do not, but we cannot do bits. That is why it is important that the Bill passes into law as it is. I agree with the hon. Lady.

The second accusation is that Earl Attlee’s amendments would damage the freedom of the press. The Press Recognition Panel is entirely independent of the Government and the press. It is funded by the Government, but so are the courts, and no one would accuse the judiciary of being influenced by the Government. In addition, the PRP’s charter is as good as unamendable, as amendment requires a 66% supermajority in both Houses and, crucially, the unanimous agreement of the PRP board, so any Government who chose to change press regulation would find it far easier to do so through primary legislation. It is fiction to think the PRP is anything other than independent.

Finally, it has been suggested that Earl Attlee’s amendments would harm local newspapers financially. Section 40 is not about punishing newspapers; it is about creating a fair and low-cost arbitration process that is good for local newspapers and for vulnerable individuals. Lord Leveson envisaged his proposals protecting local newspapers from rich and powerful litigants, and he certainly did not intend for newspapers to refuse to join a regulator.

Section 40 is not only desirable but necessary. IPSO will never agree to apply to become an approved regulator unless it is forced to, and section 40 would ensure that it happened. These measures already received the full support of both Houses in proceedings on the Crime and Courts Act. We must now implement them. The challenge goes out to the Opposition parties: there is support on both sides of the House for section 40, but if there are not sufficient Members here to vote for it, the Government will have their way. I hope we will make sure that this House does not bend the knee to the power of the press barons, but remembers its role to speak up for the vulnerable—the people who have no money, and who need a proper, fair and low-cost arbitration system.

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[Peter Heaton-Jones]

Well, we do not know that. The difficulty is that a lengthy, costly process that in the end might not even achieve what was hoped for is not the answer. The answer, as the Secretary of State rightly said in his statement on Thursday, is to ensure that we shine a light through proper regulation on the practices that have done wrong to a number of people in the country.

I accept the points made by my hon. Friend the Member for North Herefordshire (Bill Wiggin). We should absolutely focus on the rights of people in this country—people who cannot afford the voice to stand up for themselves—but Leveson 2 was never going to solve that issue. It was going to be a long-winded inquiry that would not have got there, and the Secretary of State made that point convincingly on Thursday.

[Christine Jardine]

Does the hon. Gentleman not agree with me, a fellow former journalist, that one of the things that has most undermined the reputation of the media in this country in general has been the behaviour of our newspapers, which have seemed to the public to be beyond regulation? Self-regulation has failed and undermined the image of the media. The Press Complaints Commission failed, as the Press Council did. We had an opportunity to put that right, but it has been lost.

[Peter Heaton-Jones]

The hon. Lady is right that the Press Complaints Commission did fail, which is why it is rightly no longer there and we now have a new framework. While we are talking in general about regulation, I should say that I have some sympathy with the question marks raised over the regulation of my former employer, the BBC. We got that wrong for many years. There was the bizarre situation in which the BBC board—later, the BBC Trust—was acting as both poacher and gamekeeper, marking its own homework. The Government have rightly sought to put that right and we have moved a long way towards doing so.

I do not believe that the answer to the wrongs that still exist in the regulatory regime for newspapers lies in the amendments that have come our way from the other end of the Palace of Westminster. I do not believe that they would do the job that, as my hon. Friend the Member for North Herefordshire rightly said, the people outside this place want us to do: to make sure that they have a fair right of reply when something wrong is done to them by newspapers.

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[Andy Slaughter]

rose—

[Christine Jardine]

rose—

[Peter Heaton-Jones]

If hon. Members do not mind, I am coming to the end of my remarks.

In my 20 years as a journalist at the BBC, I was passionate about freedom of speech and a right of reply, because that is the desperately important foundation on which our newspaper industry is based. I am also desperately passionate about ensuring that people who are wronged in some way by the media are given an effective response mechanism. Neither amendment that has come our way from the other place would achieve that. I am grateful to hear that the Opposition will support the Bill’s Second Reading, and I hope that we will not accept those two amendments and that we will pass the Bill as it was drafted.

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[Colin Clark (Gordon) (Con)]

It is a pleasure to follow the right hon. Member for East Ham (Stephen Timms).

As we prepare to leave the European Union, this country is committed to remaining a global leader on data protection. Data flows are important for the UK and the EU economies, and we recognise the need for safeguards. The Bill is important in both promoting the flow of information sharing and protecting individuals’ personal data, while complying with the EU framework. It will ensure that our domestic data protection rules are aligned with our economic partners at the point of exit from the EU.

I welcome the measured response of the hon. Member for Argyll and Bute (Brendan O’Hara) to the Bill. While I agree that a balance must always be maintained between press freedom and the freedom of the individual, the amendments passed by the House of Lords are a direct threat to press freedom. This Government want to ensure that the press is well regulated and has high standards. As my hon. Friend the Member for North Devon (Peter Heaton-Jones), who is no longer in his place, said, the amendments would do damage. Newspaper circulation continues to decline.

[Christine Jardine]

Would the hon. Gentleman contend that in the pursuit of press freedom, we should also do away with contempt of court and libel? That, to me, as a former journalist, is equivalent to suggesting that we should overturn the House of Lords amendments. The press is already regulated, and those regulations are important. It is important that we continue to ensure that we have a responsible press.

[Colin Clark]

I thank the hon. Lady for her intervention. I have great respect for her, having debated with her on many occasions as we both tried to get elected to this place. I think that the amendments go a lot further than that and will do damage, and that is the crux of it.

Leveson 2 is unnecessary and would be backward-looking, as other Members have said. Regulation has moved on. The rise of digital news has led to the closure of hundreds of local newspapers, and commencing section 40 would threaten their fragile financial viability even more. The venerable newspapers in my own area—The Press and Journal and The Courier in Dundee—are important to the north-east of Scotland, but their sales have dropped by 10%. Section 40 would be calamitous to those papers. Local papers will become more important as we devolve powers to local communities, which we want to do. The Huntly Express and the advertisers, which have carried many stories on the hon. Member for Edinburgh West (Christine Jardine) and myself over the years, would be undermined and threatened. We cannot see that happen if we want local democracy to continue.

Politicians deciding how newspapers should behave is a direct threat to our democracy, of which a free national and local press is an essential component. The data protection regulator, the Information Commissioner’s Office, will go a long way to defend consumer interests and can issue higher fines of up to 4% of global turnover. I was glad to hear the Secretary of State reassure us that the burden on businesses will be reduced. The UK is and will remain a safe destination for personal data. The Bill will help Britain prepare for a successful Brexit and make its own laws in the future.

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[Christine Jardine (Edinburgh West) (LD)]

It is a great honour to follow the hon. Member for Dudley South (Mike Wood). It is fair to say that my party broadly supports much of this Bill, which is a vital component in our continued and smooth co-operation with the EU, should Brexit go ahead, but that support is not without qualification, which I shall come to shortly. As an EU member, we are assumed to be compliant with the requirements of the Union, but as a third party we will be required to demonstrate a suitable standard of protections. Failure to do this would jeopardise the co-operation that even the most zealous Brexiteers, I should imagine, want to maintain in defence and security.

The Data Protection Bill and the general data protection regulation bring existing best practice into law. This is not an onerous burden; it is a natural progression for information rights in the digital age. However, we have reservations about some aspects that we will discuss later. My right hon. Friend the Member for Kingston and Surbiton (Sir Edward Davey) intends to speak about the proposed immigration exemptions. I had intended to concentrate on areas that deal with our personal data and the help that industry and charity organisations will need to cope with this regulation, but as the debate has progressed, I have become increasingly concerned about the Government’s intention to overthrow the amendment by the House of Lords. The Data Protection Bill is an important vehicle through which to bring forward recommendations from the Leveson inquiry, as this House promised to do. Data processing for investigative journalism purposes must strike a balance between press freedom and the individual’s right to privacy.

As a journalist, I value freedom of speech and freedom of the press as much as any other person. As a journalist, I was always impressed by and proud of colleagues who uncovered miscarriages of justice, political corruption or malpractice in India, for example. The freedom of the press to scrutinise and hold to account those in power—as the hon. Member for Dudley South said, the relationship between journalists and politicians should not be an easy one—is vital in a democracy. It must not, however, be at the cost of the individual—to their privacy in times of grief or hardship, to their hard-won personal and professional reputations—or mean chasing them when they have done nothing wrong other than perhaps disagree with the stance of a newspaper. That cannot be the way.

Newspapers in this country are not free of regulation. Broadcasting has to apply the standards set by Ofcom. Newspapers have to abide by the law of libel, contempt of court and the criminal code. All those things are necessary, but in an increasingly digital age it is necessary to ensure that all publications abide by data protection regulations. It is more than 20 years since Calcutt warned the press that they were drinking in the last chance saloon. Well, they have had their drink and frankly they have been thrown out. The Press Council failed; the Press Complaints Commission failed; and this House promised to bring forward a statutorily underpinned body. Self-regulation with statutory underpinning—it is good enough for every other industry, it is good enough for the Law Society, so why are we not prepared to follow through for the press? The vast majority of journalists are honourable. As the hon. Member for South Dorset (Richard Drax) said, we are talking about a small minority, but that small minority can do immense damage to individual’s lives—we saw it with the McCanns, with Milly Dowler and with the Hillsborough inquiry—and it is not good enough for us to say they are doing a good enough job; they patently are not, which is why I hope the House will uphold the amendments passed in the other place.

I turn now to what I had intended to speak about: the rights of individuals and the problem many have in talking about data and regulation. It sounds like a technical issue—something that does not affect them directly in their everyday lives. Algorithms are a mystery that many of us have no desire to investigate, never mind solve, yet they are a major influence in our increasingly technology-driven and social media-driven lives. Data harvesting can sneak into every corner of our existence, undertaken by public and private organisations—those we deal with and many that just want to deal with us, or use what they know about us. The information we provide tells them how to sell us everything from cars and mortgages to life insurance and funerals. As more and more information about our daily lives is digitally recorded, it is important that individuals have more control. With the passing of the Bill, we should all be able to rest assured that the information is being used both ethically and responsibly, including by the national and regional press, and that we have access to ensure that it is accurate, whether it is available to individuals or public or private bodies.

We should take into account that the information we provide can be used to infer information we have not given. For example, I am reliably informed that people who like curly fries are more likely to have high IQs. If someone was to pass on that culinary preference with their data, floods of adverts aimed at highly intelligent curly fries fans would be likely to follow. Occasionally, of course, it can all go wrong. Just after suffering a recent bereavement, I was in touch with a nationally known undertaker. Immediately afterwards, I was bombarded with adverts about planning for my own funeral, which is not really what anyone in that position wants. That is just an illustration of why it is important to the public that they have the right to view and correct or delete their own personal data, as laid out in the Bill. None of us wants false information out there about us that could prejudice decisions or jeopardise our security.

That, surely, is particularly important in relation to the many young people—a significant number of them children—who are regularly online. Ofcom estimates that 99% of under-16s are online for nearly 21 hours a week. The Children’s Society and YoungMinds surveyed more than 1,000 young people about their online experiences, both generally and more specifically with regard to cyber-bullying, and found that 61% of the under-18s who were surveyed had had their first experience of social media before the age of 13.

In setting the age of consent, it is important to be realistic about the lives of young people. Sixteen may not be an appropriate age of consent, or a realistic reflection of a situation in which practice allows only over-13s to have an account, but with no age verification. Young people need to learn their data and privacy rights much earlier, and that should be a mandatory part of their personal, social, health and economic education at school.

[Jim Shannon (Strangford) (DUP)]

When it comes to the protection of children, there is a greater need for parents and guardians to be involved, but we often find that the care that ought to be there is not there. Has the hon. Lady any thoughts about how we could improve the situation?

[Christine Jardine]

I believe that parents should take more responsibility, but I think that the answer is to educate the children themselves and make them aware of the danger.

It will be important for the Government to support those who will feel extra strain as a result of the Bill, such as small and medium-sized enterprises and, indeed, the Information Commissioner’s Office itself. The ICO will have a much more proactive role in policing data protection matters and will be required to produce masses of guidance both now and after May. The office must be properly resourced to do its important job. There should also be targeted support for charities.

Many sectors—manufacturing, retail, health, information technology and financial services—are anxious for the free flow of data between ourselves and the European Union to continue with minimum disruption post Brexit. In an increasingly digital economy and society, that is critical for both our international trade and the protection of our rights of privacy. We must get this legislation right, and, as I said earlier, I believe that that will mean upholding the amendments passed in the other place.

Leveson Inquiry

Christine Jardine Excerpts

Thursday 1st March 2018 Commons Chamber

[Matt Hancock]

Yes, I do. To be frank, I am concerned by the statements coming out of some parts of our political system that seem to think that state control over newspapers is a good idea.

[Christine Jardine (Edinburgh West) (LD)]

As a former journalist, I am utterly dismayed by the Secretary of State’s statement. I value the freedom of the press, but does he not see the sad irony in talking about how the press has held the powerful to account and then closing the door on our opportunity to hold the powerful voices of the press to account on behalf of the victims? Those victims were promised the sort of legislation in section 40 that the Secretary of State is now turning away from. The problems faced by local newspapers and the newspaper industry in general are nothing to do with Leveson; they are to do with modern technology. Will the Secretary of State please reconsider thinking about the victims and giving them a chance to raise legitimate concerns under section 40?

[Matt Hancock]

I agree with the hon. Lady that there has been a big change because of modern technology. I want to make sure that we have high-quality journalism in future and that that cannot be undermined by any complainant having costs assigned to the newspaper for any complaint. That is no way to organise a system of press regulation. Instead, we have to make sure that we have sustainable business models for high-quality journalists so that, just as the hon. Lady had the opportunity to be a journalist in the past, people have that sort of opportunity in future.

BBC Pay

Christine Jardine Excerpts

Tuesday 9th January 2018 Commons Chamber

[Matt Hancock]

I agree that a root-and-branch analysis is needed and must happen. There is of course much more to the BBC than just the high pay. There are the local stations and the local work, which receive far less scrutiny than many of these issues at the top. We must ensure that the solutions brought by transparency for top pay apply throughout the organisation, and apply to presenters and off-air staff right across the BBC, and not just at the top.

[Christine Jardine (Edinburgh West) (LD)]

I add my congratulations to the Secretary of State. Does he share my deep disappointment in my former employer’s clumsy memo reminding staff of the need for impartiality on this matter at a time when it is facing criticism over the gender pay gap? Does not that call into question the corporation’s attitude to reporting to the Government on this issue, and indeed to the Equality Act itself?

[Matt Hancock]

The BBC appears to have demonstrated more enthusiasm for ensuring that those editorial guidelines are put in place on this matter than on many others.

Russian Interference in UK Politics

Christine Jardine Excerpts

Thursday 21st December 2017 Commons Chamber

[Wera Hobhouse]

rose—

[Christine Jardine (Edinburgh West) (LD)]

rose—

[Sir Edward Leigh]

I will not give way; I have got to finish now. The paranoid tendency to see a red under every bed is very much alive, albeit changed, and there is an explanation for such paranoia. Look at Trump’s victory, and look at the success of Brexit in the referendum. Things are not going the way of the liberals’ world view, and they cannot accept that the people—the workers, even—are abandoning their ideology, presuming that they ever agreed with it in the first place. The left knows that the people are never wrong, so when the people are wrong, as with Brexit or Trump, the left has a psychological need to find some excuse for the people’s misbehaviour.

Oral Answers to Questions

Christine Jardine Excerpts

Thursday 21st December 2017 Commons Chamber

[Karen Bradley]

My right hon. Friend speaks with great experience and knowledge on this matter, and the House does well to listen to his wise words.

[Christine Jardine (Edinburgh West) (LD)]

Does the Secretary of State agree that, as Channel 4 is not a programme maker but only a programme commissioner, there is limited benefit in moving staff, and surely it should be the programme making that reflects the diversity of the country?

[Karen Bradley]

This is one of the arguments that has been made about how Channel 4’s business model operates. We have seen what happened with the BBC’s move to Salford—although I accept that the BBC has a different business model. That creativity and clustering of talent has had benefit. One has only to look at the analysis of the amount of programming that is currently commissioned outside London to see that basing Channel 4 outside London could have significant benefits for those independent production companies that are not in SW1.

Dr Elsie Inglis and Women’s Contribution to World War One

Christine Jardine Excerpts

Tuesday 28th November 2017 Westminster Hall

[Christine Jardine (Edinburgh West) (LD)]

It is an honour to serve under your chairmanship, Mr Davies. I thank the hon. Member for Edinburgh South (Ian Murray) for securing what, for me, is a crucial debate.

I admit that before I heard about the campaign for the Elsie Inglis memorial in Edinburgh I knew little about her. As I heard more and was drawn in, I was astonished at the contribution she had made and moved by what she had done, not just for the many soldiers she saved or eased through the horrific suffering and death of the first world war, but for me and my generation. As has been mentioned, the centenary of that great war is coming up next year, but there is another centenary, that of the Representation of the People Act 1918, and Elsie Inglis was at the forefront of campaigning on both.

In Edinburgh, Elsie Inglis was one of eight women—the others being Sophia Jex-Blake, Isabel Thorne, Edith Pechey, Matilda Chaplin, Helen Evans, Mary Anderson and Emily Bovell—who campaigned for the right of women to practise medicine in the city. I wonder where we would be today without them. They led the way, and so many women have been able to follow and do so much. Elsie Inglis was a role model for the women of her time, but she is also a role model for us all today. Before the war, she had qualified as a physician and, appalled at the standard of care for other women, she was prompted to become a suffragist and to set up a maternity hospital in Edinburgh for poor women. The hospital, originally called The Hospice, became the Elsie Inglis Memorial Hospital. As the hon. Member for Edinburgh South and many others have detailed, Elsie Inglis’ achievements were huge, as were those of many other women in the great war, in world war two and in every conflict since. The contributions, suffering and achievements of those women have been vital to not just our modern wellbeing but our very survival as we are today.

The fact that these women have often been overlooked is at times the result of the women’s own modesty. Recently, at the funeral of a friend’s grandmother, I heard her story for the first time. She was to many people an ordinary, loving grandmother and mother, who had led a pretty standard Scottish life, but at the funeral I heard the remarkable moving story of a then young woman, who like many others had put her life on hold to join up and serve in the armed forces. She was a spotter for the RAF. That is an example of the contributions that so often have been overlooked. It is my generation who have benefited from many such achievements, who are able to stand here today and contribute to the wellbeing of our country. No opportunity to recognise those contributions should go unmarked.

Elsie Inglis is not just an example of the women who made a contribution to the great war; she is part of a glorious thread woven through British history of the contributions that women have made at home during war and at the front itself, and after war too. My mother, Nessie Jardine, appears on a monument in my home town to those who have died from asbestos-related conditions as a result of working in the shipyards on the Clyde and elsewhere in Scotland, which have played such a vital role in this country’s wellbeing. By honouring Elsie Inglis, we honour all such people, and this is an opportunity for which we should be grateful.

Uber: Personal Data Theft

Christine Jardine Excerpts

Thursday 23rd November 2017 Commons Chamber

[Matt Hancock]

Yes. As I said, we have already had discussions with the US Federal Trade Commission and with the Dutch authorities—Uber’s European headquarters is in Holland, so they are pertinent to the matter.

[Christine Jardine (Edinburgh West) (LD)]

The Minister has mentioned the forthcoming data protection regulations, but there is currently no requirement for a private company to report a data breach, although it is recommended. What will the Government do, between now and the introduction of the data protection regulations, to ensure that companies make people aware when their data is stolen?

[Matt Hancock]

The new data protection rules will come into force on 25 May 2018, and it is important that we get the Bill through before then. The premise of the hon. Lady’s question is not quite right. It is already an aggravating factor if a breach is not reported promptly.

Rural Communities in Scotland: Broadband

Christine Jardine Excerpts

Wednesday 22nd November 2017 Westminster Hall

[John Lamont]

I want to make some progress.

I have been critical of Digital Scotland and the Scottish Government for their failures to deliver for Scotland a broadband network fit for the current age. However, BT and Openreach are not without blame. Following negotiations and demands from Ofcom, Openreach is now a legally separate entity, but it is still wholly owned by BT’s parent holding company, BT Group plc. The situation we find ourselves in, with the digital divide between urban and rural, has been created by historical decisions made by BT. Had BT invested in our network in the way that I believe it should have, we would not be facing these challenges today. It has picked off the low-hanging fruit in broadband roll-out, focusing more on cities and commercially viable areas. I suggest that it has ignored the harder-to-get residents and communities because it knew it would cost too much. Too many communities have been forced to look at self-help options to find solutions for their poor broadband connections when Openreach has refused to help. My constituents are innovative and smart, but many have struggled with the bureaucracy of the schemes and the cost involved.

Ofcom’s December 2016 report, “Connected Nations”, which has been referred to, describes the urban-rural divide well. While 89% of premises in the United Kingdom can receive superfast broadband, there are 1.4 million premises that cannot get download speeds greater than 10 megabits per second. Those are disproportionately in rural areas, and the problem is particularly bad in Scotland.

[Christine Jardine (Edinburgh West) (LD)]

I have no reservation about interfering in an argument between the Tories and the SNP. Does the hon. Gentleman see any connection between these rural broadband figures, particularly in the highlands, and the way in which Highland and Islands Enterprise, which was originally closely involved in the roll-out of broadband, has slowly been denuded of all its funding and powers and was recently under threat from the Scottish Government?

[John Lamont]

The hon. Lady makes an important point, which demonstrates yet again the centralising tendencies of the nationalist Government in Edinburgh and their focus on the central belt, rather than devolving powers to the communities that we all represent.

The “Connected Nations” report highlights that only 46% of premises in rural Scotland can access superfast broadband, compared with 62% of rural premises in England. It is those premises that will benefit from the universal service obligation. I fully support the universal service obligation contained in the Digital Economy Act 2017, but I would argue that the minimum speed should be higher than 10 megabits per second, as originally suggested. I know that the Minister is considering a proposal by BT to deliver the USO outside the 2017 Act, which BT says it will be able to deliver quicker. However, I believe that BT has had its chance to deliver and has failed. The 2016 report from the British Infrastructure Group highlighted that in 2009 BT promised that 2.5 million homes would be connected to ultrafast fibre to premises services by 2012, which was 25% of the country, yet by September 2015 BT had managed to reach about 0.7% of homes.

Lastly on BT, residents in many rural communities feel angry—frankly, I share their anger—when Openreach tells them that it is not commercially viable to invest in their broadband connections, and yet they read in the press about BT splashing out £1.2 billion on the rights to televise the champions league. No, BT and Openreach have had their chance and they have failed to deliver for rural Scotland.

I suspect we will hear similar experiences from other Members, so I will draw my remarks to a conclusion. Ofcom’s “Connected Nations” report describes the situation well when it states:

“Fast, reliable communications enable businesses to generate prosperity and employment, and our countries to compete. They empower every citizen to take a full part in society and benefit from life’s opportunities. Communications also save lives, bind families and friends together, and keep us entertained.”

We need to act to bridge the broadband gap between urban and rural Scotland—the broadband haves and the broadband have-nots.

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[Martin Whitfield]

I wholeheartedly agree. Broadband is now an essential; it is not a luxury. It is one of the things that matrix together our communities, particularly those that are facing other challenges such as school closures, community cuts and local authority cuts.

[Christine Jardine]

The Scottish National party Government in Scotland have set themselves a target of 95% of homes with superfast broadband by the end of this year, and the other 5% by 2021. While I and the Liberal Democrats welcome that 95% target, we would say that the remaining 5% is perhaps the 5% that was the most difficult for the very reasons that the hon. Gentleman is outlining. Perhaps the priority was wrong, and that 5% should have been looked at earlier.

[Martin Whitfield]

I will come back to that point later, but I agree with the sentiments behind it.

In its response to Ofcom’s wholesale local access market review, INCA talked about copper switch-off, which is coming and has to come. It needs to be considered along with the rural local loop unbundling. It needs to be addressed, and the suggestion at the moment that BT is possibly released from its LLU obligations and its sub-loop unbundling obligations might not solve the problem, but might inadvertently stifle the competition to challenge this and to address the 5% that seems to be being missed.

All of these challenges will not be solved by silo thinking, with one discussion about households, one about business and one about wireless. The answer must come from joined-up thinking. Whether working from home or operating from private premises, people in rural areas of East Lothian demand solutions that provide access to fast, reliable broadband.

Behind these figures there is the real-life impact of digital exclusion, which I wish to address as I come to the end of my speech. I worry that participation and digital inequality could be two of the defining features of the near future. We must start to see connectivity more as a household utility than as a luxury. Our future generations will be fully engaged in a digitised economy, so we must ensure that they are fully prepared and no one is left behind. Location or income inequality cannot be a barrier to digital inclusion; indeed, universal credit—what would a debate be without mention of universal credit?—requires access.

I wholeheartedly agree with the aspiration of the Scottish Government to build a “world-class digital nation” by 2021—four years away—but I believe we have a long way to go to achieve that, in a very short space of time. The infrastructural weaknesses in rural connectivity will have long-term effects, and the answers are there. With the success of all sectors—the communities, the local authorities, BT Openreach, the third-party sector and the leading companies such as Lothian Broadband in East Lothian—that is achievable, but we need to move from silo thinking to joined-up thinking.

Rural connectivity should be transformative for all the communities across Scotland. I reiterate my support for this Government’s commitment to provide superfast broadband, but that must move from being a commitment to a reality. The roll-out cannot be capped at certain areas. It must not cut off communities in East Lothian and in other rural parts of Scotland. Digital inclusion is not an indulgence, but a necessity.

TV Licence Fee

Christine Jardine Excerpts

Monday 20th November 2017 Westminster Hall

[Huw Merriman (Bexhill and Battle) (Con)]

I thank the hon. Member for Warrington North (Helen Jones) for responding to the e-petitions. I should declare an interest, as I am chairman of the all-party parliamentary BBC group—a position I hold with great pride. The BBC is a revered institution and perhaps unique in the way it is funded. I believe that we should look on it as a blessing to this country that it exists in the manner it does. It is an institution that we should cherish, hold dear and do everything we can to preserve. We should also be mindful of the fact that the licence fee works out at about 40p a day, which I believe is about the same price as a copy of The Sun—I will leave the analogy there.

As for replacing the licence fee, the hon. Lady makes the point: although it is certainly an unusual way to fund a media producer of output these days, the BBC does appear to have support for its model and, as she mentioned, increasing support. I recognise that it is a very unusual way to fund a media provider and that there is no choice, if one wants to have a TV but not watch the BBC, but in reality the bulk of the population use BBC programming, so I maintain that it is good value for money.

I also believe that the BBC is incredibly important to social mobility—something that is even more of a challenge now than it has been in the past. The reality is that young people who have access to the BBC have access to the most extraordinary amount of information. They may well not be in the privileged position of their family being able to impart that knowledge and information, but the fact that they can use the BBC, via the web or via TV or radio, to fill in some of the gaps that they need to fill is something that we should not lose sight of. I declare an interest, in that I sometimes feel that I lost some of my education along the way, and I certainly use the BBC to fill in some of the gaps. I probably would not be here were that not the case. Some hon. Members may think that that is a downside of the BBC, and perhaps in time I will as well, but I feel that it is absolutely essential.

Another reason why I would advocate retention of the licence fee is what it allows the BBC to do around the world. I believe that every week 372 million people across the globe tune in to the BBC, the bulk of them through the BBC World Service. That allows us to play a pivotal role in the world. It allows the message from Britain to be carried around the world, and people around the world look favourably on Britain as a result of the BBC’s informing, educating and enlightening people around the world.

[Christine Jardine (Edinburgh West) (LD)]

Does the hon. Gentleman agree that although other means might become available in future, the licence fee, as he describes, has been fundamental to the success of the BBC and the respect with which it is regarded worldwide, and that to abandon it could undermine the quality and the range of programming—everything from “Mrs Brown’s Boys” to “The Blue Planet”—and put in jeopardy a valuable platform for new talent?

[Huw Merriman]

I very much take that point, albeit perhaps with one caveat: I am not sure that “Mrs Brown’s Boys” would be my absolute choice.

[Christine Jardine]

I said “range of programming”.

[Huw Merriman]

Indeed, and that is the point: we all have our favourites. Perhaps I will throw in “Line of Duty” as a programme that is worth the licence fee on its own. The hon. Lady is absolutely right: as soon as we start going down the road of considering a different model, all of a sudden those influences, in terms of output, will be there. We need to keep a high watermark. I think that a universal model works very well and allows the BBC to explain that some of its output may not be the most popular, but that is exactly why everyone is paying for it: collectively, there is something for everybody—even for those who love “Mrs Brown’s Boys”.

It is unfortunate that the BBC, because of its unique situation, can perhaps be attacked from all sides with regard to political bias when it comes to elections and, indeed, referendums now. I make a distinction between ordinary times and elections and referendums. I think that the BBC tries to play a very straight bat when it comes to elections; it has a heightened sense of trying to be fair to all. I think that, as politicians, we all have to admit that our antennae are not necessarily tuned in to neutrality. When one thing in particular grates on us, we tend to pillory the BBC for that. I will however add one caveat. I referenced elections and referendums, when I think the BBC is on a heightened sense of alert. I think it is fair to say—I hope I am being incredibly supportive of the BBC and this can be taken as a positive improvement point—that now that the BBC is in the business of 24/7 rolling news in particular, it needs to pay more attention and be very careful with its content, particularly as its presenters are increasingly moving towards becoming commentators. In doing so, there is the unfortunate perception of that one lone voice leaving a message that perhaps had not been intended. If the BBC is going to move more towards the model of having commentators who provide analysis, it needs to think very clearly whether there should be two guests on the show, ensuring that both sides of the argument are put, rather than what may be a throwaway remark appearing to listeners to be a particular position. The hon. Member for Warrington North mentioned that 57% of those who watch BBC News trust the content. If that is the case, the BBC has an even greater duty to make sure that that content is presented in a neutral way.

[Christine Jardine]

Does the hon. Gentleman agree that questions we might have about BBC presentation are completely different from the principle that it is publicly funded? Not everyone has to pay the licence fee; if someone does not want a television, they do not have to pay for the BBC. Its journalism is respected worldwide, but that is a separate issue from the method of funding.

[Mrs Madeleine Moon (in the Chair)]

Order. The hon. Lady arrived late, did not hear the opening speech, and has now made two interventions. I assume that will be her last for a while.

Gaming Machines and Social Responsibility

Christine Jardine Excerpts

Tuesday 31st October 2017 Commons Chamber

[Tracey Crouch]

It is clear that we have listened to all the public concerns about the risks of high-stake gambling, which is why we have published this overall package of measures. I encourage my hon. Friend and others to make their views clear on the individual stake options as part of the consultation.

[Christine Jardine (Edinburgh West) (LD)]

Given the danger that people who want to make large bets will be pushed online to the less regulated area, would the Government consider extending the consultation to address stakes in online equivalents such as blackjack, in which thousands of pounds can be bet on one hand and lost?

[Tracey Crouch]

The consultation addresses online gambling, in which there has been huge growth. We have announced as part of today’s package that we expect to see stricter protections as part of the licensing conditions for online gambling operators. I hope that the hon. Lady will look at those measures and respond accordingly.