(7 years, 11 months ago)
Lords ChamberMy Lords, the draft charter allows the independent non-executive directors to have two terms of four years each. No doubt the department will listen carefully to what my noble friend has said.
Does the Minister appreciate the anxiety of some Members that we are dependent on the Government to find a few minutes or an hour or two to allow this House to discuss the royal charter, given that it is no longer an appropriate method of governing something as important as the BBC? It is patently not a guarantee of the independence of the BBC. On the contrary, it is simply a deal between the Culture Secretary and the director-general. It is high time for a statute. There is no need to fear that this House or the other House would interfere more in the BBC or be more oppressive in terms of its independence than is the case under the royal charter. Further, does the Minister agree that Ofcom is not the right body to deal with important political and impartiality complaints as it is full of former BBC employees and is very heavily dependent on government appointments? Will he assure the House that there will be a new method for appointing Ofcom members that will assure their independence and expertise? At the moment, Ofcom is not the right body; my own preference would be for an ombudsman.
The noble Baroness, Lady Deech, will know that I responded to a Question on this exact subject some time ago. The noble Baroness also mentioned the charter and obviously feels that we should change our position on using it. But the Government feel that the charter is the right way forward. It has served us well. The charter review has heard from this House and, as I said earlier, the Government have listened to many Questions, debates and Select Committee reports on this. As I said earlier, there will be opportunities for further scrutiny of the charter and the framework agreement, and there will be a debate in this House in October. The noble Lord, Lord Foster, asked whether there would be an opportunity for a vote; that is up to the usual channels. The BBC is under royal charter for a reason: its independence. This is fundamental to the BBC’s work and it has consistently argued that it wants a robust charter review on a predictable timetable. It would not be in the best interests of the BBC if carefully negotiated positions could be undone. On Ofcom, this was advised both by committees and by the Clementi review, and we feel that Ofcom is the best regulator to use.
To ask Her Majesty’s Government what assessment they have made of whether regulation by Ofcom and government appointments to a unitary board are the best ways of guaranteeing the continued independence of the BBC.
My Lords, the new charter will strengthen the independence of the BBC by giving it a powerful new unitary board and allowing it to appoint the majority of board members for the first time. Following the recommendations of the independent review by Sir David Clementi, Ofcom will become the independent regulator of the BBC. It has a track record as a successful media and telecommunications regulator.
Does the Minister not appreciate that there can be no independence, or perception of independence, when half or more of the new unitary board members are to be appointed by the Government? That board will have editorial influence. Ofcom does not have the expertise to handle complaints about impartiality and accuracy. Its board members, too, are appointed by the Government and its committees are full of ex-BBC members. Moreover, rule by charter prevents Parliament discussing and settling these matters. Is that not regrettable?
My Lords, I repeat that the majority of board members will be appointed by the BBC. The charter will also set out the independence of the BBC’s director-general as the BBC’s editor-in-chief. Non-executives will be unable to make broadcast decisions. As Sir David Clementi noted in his independent review, there was a general consensus around Ofcom as the BBC’s future regulator.