Ed Miliband
Main Page: Ed Miliband (Labour - Doncaster North)Perhaps I can reassure my hon. Friend the Member for North East Somerset (Mr Rees-Mogg). I am, in a quasi-judicial capacity, looking at the rules as set out in the Enterprise Act 2002. I am very much aware of those rules and I am sticking to the letter of those rules. I want to make sure that the process is scrupulously fair and that all parties have the opportunity to make representations before I make a decision.
I welcome the Secretary of State’s coming to the House and her apparently robust intentions. Nevertheless, like my Front-Bench colleague, my hon. Friend the Member for West Bromwich East (Mr Watson), I am worried about the issue of the fit and proper test, and I wish briefly to explain why. The key thing about the test is that it is wider than the test on broadcasting standards. Many of us believe that the Murdochs are in no way fit and proper to have full control of Sky, given their corporate record. Can the Secretary of State clarify something I have not been able to establish on the basis of my correspondence with Ofcom? First, will the fit and proper test that Ofcom is going to conduct take place before the bid can be completed? Secondly, if there is no clarity on that, why does the Secretary of State not do what she can do under the Enterprise Act, which is to specify fit and proper as a third ground for referral to Ofcom, to make sure that such an assessment takes place?
The Enterprise Act is clear about the grounds on which the quasi-judicial decision can be taken. I can intervene on the grounds of media plurality, range and quality, and genuine commitment to broadcasting standards. The right hon. Gentleman will know that fit and proper is an ongoing test for Ofcom to apply to the holders of broadcasting licences. Although many of the issues that Ofcom would consider in reaching a judgment are also relevant to me in considering genuine commitment to broadcasting standards, the tests are different and apply at different points in time.