I do, of course, recognise the issue with regard to people working for these organisations, and we need to be mindful of that. In many ways, that is why it is important that decisions are taken as promptly as possible, in order that uncertainty does not persist and pervade. But it would not be right for me in any way to try to set out today what I think would be appropriate or not; it is for the parties to come forward with their representations, and for me to make a decision as to whether they are appropriate to stop a phase 2 referral.
Is the Minister aware that what troubles us about her statement is her total failure to see the most obvious link between, on the one hand, the fit and proper test and, on the other hand, regular arrangements with those involved that might lead to some diminution in the influence of market share and make these things acceptable? The second can only depend on the first, and unless these people are fit and proper, they will never maintain the regulations. We know the first is not there, so why would the second be?
I am sorry if the hon. Gentleman does not understand the process. In the process for the media merger, I have a quasi-judicial role to ensure that the public interest test in the Enterprise Act 2002, introduced under a Labour Government, is fully met and that media plurality—the issue that he raised—is dealt with. The fit and proper persons test is an ongoing test for the independent regulator, Ofcom, and I suggest that he refers his comments to it. On the commitment to broadcasting standards, many of the same issues are considered as for the fit and proper persons test, and he will see in the report exactly what Ofcom says. If he has further evidence and further substantive comments to make, I suggest that he makes them as part of that process.
I have come to the House to be as open and transparent as possible about my position in this decision. I have set out the terms and look forward to receiving representation so that I can make a final decision on the matter.
Does the Secretary of State not agree that the fit and proper person test referred to by my right hon. Friend the Member for Doncaster North (Edward Miliband) a moment ago is, as she put it, an “ongoing” process? Surely that must mean that past behaviour is also taken into account. Without compromising her quasi-judicial position, will she say whether the previous behaviour of the Murdoch family in running their companies is also taken into account?
The hon. Gentleman is right. The fit and proper person test is an ongoing Ofcom test, but I am here today to consider under what grounds in the Enterprise Act 2002 I can intervene on a media merger. I have set out my current thinking to the House, and I now await representations.