BBC Licence Fee Non-Payment (Decriminalisation for over 75s) Bill

Damian Collins Excerpts

2nd reading
Friday 21st October 2022 Commons Chamber

[Sir Christopher Chope]

I agree. That is why I hope the Ministry of Justice, which is concerned about delays in the magistrates courts, will be saying, “How ridiculous that our magistrates courts should be taken up with cases of BBC licence fee non-payment.”

We talk about bureaucracy and the shortage of people in this country to engage in productive employment. The BBC has said that it wishes to return to the pre-pandemic level of visits to people’s homes in relation to the licence fee. In 2020-21, licensing officers from the BBC visited 671,500 homes, and 62,000 residents were found to have been using the BBC not in accordance with the rules. What an enormous volume of activity that involved—activity that I think we should be able to dispense with, and we would be able to dispense with it if we dispensed with the BBC licence fee, but we could take a staging point halfway if we prevented the BBC from being able to prosecute these normally hapless people.

In February 2020, the Government launched a consultation on the issue of decriminalisation. It took about a year for the results to be published. In their response, the Government were pretty damning about the criminalisation of those who do not pay the licence fee. Paragraph 70 of the report from the Department for Digital, Culture, Media and Sport states:

“After considering the consultation responses, the government remains concerned that criminal prosecution is, as a matter of principle, an unfair and disproportionate approach to enforcement of TV licence evasion in a modern public service broadcasting system.”

So there we have it, Madam Deputy Speaker. Paragraph 76 states:

“Against this background, the government therefore intends to continue assessing these potential impacts of an alternative sanction on licence fee payers. On this basis, while no final decision has been taken at this time, the government will keep the issue of decriminalisation under active consideration as part of the roadmap of reform of the BBC discussed below.”

I am delighted to see the Secretary of State on the Front Bench, but I hope that the Government are indeed “actively” dealing with this issue.

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Damian Collins)]

I thank my hon. Friend for what he has said, but, for the record, I am not the Secretary of State, although I am a Minister in the Department.

[Sir Christopher Chope]

I am so sorry. In that case, the hon. Gentleman is even more welcome to his position. It is hard to keep up with some of the changes that are taking place on the Front Bench at the moment.

This issue needs to be addressed, and it is good to know that the Government are still considering it, but another year has passed and there is not much indication—not much that I have received, anyway—that the “active consideration” of the issue of decriminalisation is reaching any conclusion. In the meantime, as I have said, people are being prosecuted up and down the country, and people aged over 75 who thought they were going to have a free television licence are particularly vulnerable to such activity.

This is an important issue. Apparently a mid-term review of the BBC charter is taking place this year. We are told that the licence fee will remain at £159 until the beginning of April 2024. That means that if there were to be a general election after that, in 2024, people would be asking, “Why has the BBC licence fee just increased?” I am not sure it is very good timing, but that is the plan. The BBC is expected to receive £3.7 billion in licence fee funding this year. Why are people not more exercised about this? It is a television tax, and it is more than twice the cost of reducing the top rate of tax from 45p in the pound, about which there was a big argument at the Conservative party conference.

Putting it all in context, and as a party in favour of supporting hard-working families, I would have thought we would be taking action to commit ourselves to doing away with the television tax and, in the meantime, doing away with the criminalisation of those who do not pay the television tax.

--- Later in debate ---

[Damian Collins]

Just to confirm for the record that it was, of course, the BBC’s decision to end free television licences for the over-75s. It was ultimately the BBC’s decision.

[Sir Christopher Chope]

So it was the BBC’s fault. My reading of it is that there was an attempt to cast responsibility on to the BBC, but ultimately it was the Government who enabled the BBC to put back in place a television licence fee—

[Damian Collins]

The BBC agreed to a financial settlement with the previous Government that provided transitional funding, after which the BBC would take on responsibility. That was always the case, and it was the deal the BBC signed up to at the time.

[Sir Christopher Chope]

Okay, so what happened? Did the BBC go back on the deal? If so, what was the sanction against the BBC? Why are we continuing to indulge the BBC as we are, by enforcing the £3.7 billion television tax paid to the BBC?

We have also given the BBC additional powers to raise the borrowing limits for its commercial activities, which are a great success. The BBC is selling a lot of important stuff overseas. Why do we need to subsidise that with taxpayers’ money? Why do we not let the BBC run its commercial arm with freedom, and without imposing additional costs on the hard-pressed taxpayer?

I have made a short point and, unfortunately, there is not time for the Minister to respond. We will have to continue the Second Reading of this important Bill on another occasion, when I hope the Minister will be able to respond in extenso.

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Damian Collins)]

In the short time I have, I will address the concessionary licence fee for the over-75s and provide the necessary context for a range of relevant issues, including the BBC’s decision to end free TV licences for the over-75s, the Government’s work on decriminalising TV licence fee evasion and our broader road map for BBC reform, including our intention to review the licence fee funding model.

The House will no doubt be aware that, in the 2015 funding settlement, the Government agreed with the BBC that the responsibility for the over-75s concession should transfer to the BBC. The Government and the BBC agreed to make that change. Alongside that, the Government also closed the iPlayer loophole, committed to increase the licence fee in line with inflation and reduced a number of other spending commitments. To help with the financial planning, the Government agreed to provide phased transitional funding over two years to gradually—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order.