(10 months, 3 weeks ago)
Commons ChamberI thank Members for their contributions to today’s debate, and indeed during prelegislative scrutiny and the Bill’s passage thus far. The Bill has fantastic support. I have worked on it since 2021 and I am pleased to be back in post, taking over from the interim Minister—whom I prefer to call the eminent, knowledgeable knight and former Secretary of State—my right hon. Friend the Member for Maldon (Sir John Whittingdale); but as my right hon. Friend the Member for Ashford (Damian Green) said, we are all temporary in this place. I am glad to take the Bill through its final stages, and I thank my right hon. Friend the Member for Maldon for his work and his defence of our position on section 40 of the Crime and Courts Act 2013. He is in the curious position of amending a Bill for which he was once Minister. As my right hon. Friend the Member for Ashford said, our right hon. Friend the Member for Maldon is breaking new parliamentary boundaries.
As we all know, internet access and streaming services have fundamentally changed how audiences access broadcast content, but our public service broadcasters and radio services are governed by laws written 20 or more years ago. The Bill is vital to enable our PSBs to continue to be world leading in their content and to serve UK audiences, while also driving growth in the creative industries across the UK.
I shall briefly address some of the issues that have been raised, but I will first deal with the Government amendments. They are minor and technical and seek to ensure that the existing policy positions are properly operational. I have written to Members with more detail. I am glad to have the support of my right hon. Friend the Member for Ashford, particularly for the radio amendments.
I am grateful to my right hon. Friend the Member for Camborne and Redruth (George Eustice) for his sustained interest. He is a passionate campaigner and has been pushing on section 40 for many years. The Government recognise the intent of his amendments, but their effect would not be to repeal section 40, but to delay its repeal while a consultation takes place. We feel that that would be at odds with our double manifesto commitment to repeal section 40 in full, notwithstanding my right hon. Friend’s view that the manifesto was not the best that we have produced and that there may have been some drafting errors in the publication.
I understand that new clause 3 would delay the commencement of clause 50, but that is not the case with amendment 2, which would simply remove one part of section 40 of the Crime and Courts Act 2013.
We have concerns about my right hon. Friend’s amendments as a package. One issue is about delay, but another is about some of the smaller publishers that do not wish to be part of a regulator. That has been debated at some length this afternoon.
I am glad that my right hon. Friend the Member for Maldon is pleased about the Government amendment on AM. We discussed the matter together. I note his points about local television. He kindly accepts the unlikelihood of our accepting his amendment, but we will continue to consider his representations.
As always, I am glad of the support of the hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone). He suggested that the proposal to privatise Channel 4 was part of a vendetta, but it was borne of a fundamental concern for its sustainability. We have put forward measures in the Bill to give Channel 4 greater freedom. We want the channel to survive and to have the flexibility to continue doing what it does. To the point raised in relation to those new powers, it will be granted the freedom to produce its own content, but it does not have to use them if it does not feel that is necessary.
On public service content being prominently and easily accessible, as is already the case in the linear space, we want PSB content to be as prominent as possible, but there is a question in relation to appropriate language. As has been discussed at length, the core aim is to secure prominence for PSB services and content online, but for it to be flexible, operable and proportionate, so that we can design the Bill for innovation and consumer choice. We are giving Ofcom the power to establish that balance.
The Father of the House, my hon. Friend the Member for Worthing West (Sir Peter Bottomley), along with my right hon. Friend the Member for Ashford and others, raised the issue of digital rights. We recognise the intent behind the amendment to bring digital rights within the scope of the listed events regime. The Select Committee, ably chaired by my hon. Friend the Member for Gosport (Dame Caroline Dinenage), made a recommendation that would support that outcome. While there is a great deal of support in Parliament for that and I am sympathetic, it is a complex issue.
We have seen how technical just the Government amendments to close the streamer loophole are. Adding digital rights would be a much bigger change, bringing more complexity. It is important that we maintain the right balance between access for audiences and the commercial freedoms that allow rights holders to reinvest in their sport at all levels. We want to get the balance right, and our priority is the impact on the public. It is important that audiences can watch and celebrate major sporting moments, but broadcasting rights provide sports’ national governing bodies with essential income, enabling them to invest in their sports, whether at elite or grassroots levels. We want to fully evaluate the issue, including how it could be best delivered, before considering legislation that enacts any particular conclusion. I assure Members the issue is under careful consideration and we have not yet made a decision.