(5 years, 8 months ago)
Written StatementsOn 10 January 2019, News UK submitted an application to vary certain conditions put in place in 1981 by the then Secretary of State for Trade. The changes proposed by News UK would allow The Times and The Sunday Times to share journalistic resources, subject to the agreement of each newspaper’s editor.
Having considered News UK’s application and representations made following an invitation to comment issued by DCMS on 17 January, I announced, in a written ministerial statement dated 11 April, that I was minded to accept News UK’s application to vary the 1981 conditions.
However, in considering the proposed new undertakings as a whole, I also noted that the existing governance arrangements lacked clarity and certainty over roles and responsibilities. Following discussions between News UK and Officials, News UK submitted revised undertakings which substantially meet my concerns.
On 27 June, as required by legislation, I issued a further consultation notice seeking views on the changes to News UK’s revised undertakings. Two responses were received. Neither response raised any issues that would warrant me seeking further modifications to the undertakings from News UK. Accordingly, I have today formally decided to accept the new undertakings and have today issued a notice of acceptance. A copy of the notice of acceptance with the final signed undertakings and the revised articles of association of Times Newspapers Ltd (TNL) and Times Newspapers Holding Ltd (TNHL) will be published on the Government website. My Department will shortly publish in the issues note circulated to News UK prior to the discussions with Officials.
The new undertakings creates an explicit requirement for the CMA and the Secretary of State to monitor the effectiveness of the obligations placed on News UK and the TNHL Independent National Directors (INDs). As part of this, I can confirm that in line with the Government's commitments on the handling of media merger cases, that DCMS will publish a non-confidential version of the reports from the TNHL INDs which have to be submitted to DCMS and the CMA annually.
[HCWS1798]
(5 years, 8 months ago)
Commons ChamberWith your permission, Mr Speaker, I would like to make a statement.
New telecoms technologies and next generation networks such as 5G and full fibre can change our lives for the better. They can give us the freedom to live and work more freely, they can help rural communities to develop thriving digital economies and they can help the socially isolated to maintain relationships. They can transform manufacturing, and make possible connected and autonomous vehicles, smart cities and agriculture. But we can begin this revolution with confidence only if our critical infrastructure remains safe and secure.
We know that there are those who have the intention and the capability to carry out espionage, sabotage and destructive cyber-attacks against our communications sector. The move to 5G brings a new dimension to those risks, given the increased dependence that our national infrastructure is likely to have on those networks over time. That is why, soon after taking up this office, I commissioned a review into the UK telecoms supply chain, involving Government, industry, international partners and the National Cyber Security Centre. It was designed to assess the security and resilience of the UK’s telecoms networks, and to determine what should be done to improve them. Today, I have published its conclusions.
The review identified three key areas of concern. First, existing arrangements may have achieved good commercial outcomes, but they have not incentivised cyber-security risk management. Secondly, policy and regulation in enforcing telecoms cyber-security need to be significantly strengthened to address those concerns. Finally, the lack of diversity across the telecoms supply chain creates the possibility of national dependence on single suppliers, which poses a range of risks to the security and resilience of UK telecoms networks.
The review concluded that the current protections put in place by industry are unlikely to be adequate to address the identified security risks and deliver the desired security outcomes. Therefore, to improve cyber-security risk management, policy and enforcement, the review recommends the establishment of a new security framework for the UK telecoms sector. This will be a much stronger, security-based regime than at present. The foundation for the framework will be a new set of telecoms security requirements for telecoms operators, overseen by Ofcom and Government.
The new requirements will be underpinned by a robust legislative framework. We will pursue legislation at the earliest opportunity to provide Ofcom with stronger powers to allow for the effective enforcement of the telecoms security requirements and to establish stronger national security backstop powers for Government. Until the new legislation is put in place, Government and Ofcom will work with all telecoms operators to secure adherence to the new requirements on a voluntary basis. Operators will be required to subject vendors to rigorous oversight through procurement and contract management. This will involve operators requiring all their vendors to adhere to the new telecoms security requirements. They will also be required to work closely with vendors, supported by Government, to ensure effective assurance testing for equipment, systems and software, and to support ongoing verification arrangements.
In addition, we must have a competitive, sustainable and diverse supply chain if we are to drive innovation and reduce the risk of dependency on individual suppliers. The Government will therefore pursue a targeted diversification strategy, supporting the growth of new players in the parts of the network that pose security and resilience risks. We will promote policies that support new entrants and the growth of smaller firms. This includes research and development support, promoting interoperability and demand stimulation—for example, through the Government’s 5G trials and testbeds programme. We will also seek to attract trusted and established firms to the UK market. A vibrant and diverse telecoms market is not just good news for our consumers; it is good news for our national security, too.
The review also concludes that there should be additional controls on the presence in the supply chain of certain types of vendor that pose significantly greater security and resilience risks to UK telecoms. The House will be particularly concerned, of course, with the position of the Chinese technology firm Huawei. The Government are not yet in a position to decide what involvement Huawei should have in the provision of the UK’s 5G network, and I want to explain why that is.
On 16 May, the US Government added Huawei Technologies Ltd and 68 affiliates to its entity list on national security grounds. US companies now have to apply for a licence to export, re-export or transfer a specified range of goods, software and technology to Huawei and named affiliates, with a presumption of denial. On 20 May, the US Government issued a 90-day temporary general licence that authorises transactions in relation to specified areas. These measures could have a potential impact on the future availability and reliability of Huawei’s products, together with other market impacts, and so are relevant considerations in determining Huawei’s involvement in the network. Since the US Government’s announcement, we have sought clarity on its extent and implications, but the position is not yet entirely clear. Until it is, we have concluded that it would be wrong to make specific decisions in relation to Huawei, but we will do so as soon as possible.
But I also believe that it would be unnecessary and unwise to delay the introduction of the remainder of the telecoms supply chain review’s conclusions. The telecoms security requirements that the review proposes must apply to all companies that want to supply equipment and services in our telecoms supply chain, wherever they come from. The review I commissioned was not designed to deal only with one specific company and its conclusions have a much wider application; the need for them is urgent. The first 5G consumer services are launching this year, and the equally vital diversification of the supply chain will take time. We should get on with it.
I recognise that colleagues may wish to pursue further the technical detail of the proposals that the telecoms supply chain review makes, not least with officials at the National Cyber Security Centre, who will be available to answer questions in Room O in Portcullis House from 10 am to 11 am tomorrow. But I hope the whole House will agree that the future of our digital economy depends on trust in its safety and security, and that if we are to encourage the future scale-up of new technologies that will transform our lives for the better, we need to have the right measures in place to make our telecoms supply chain both safe and secure. That is what the approach proposed in this review will deliver, and I commend it and this statement to the House.
Good afternoon, Mr Speaker. I am grateful to the Secretary of State for advance sight of his statement and notice of today’s announcement.
In January this year, the Secretary of State said that the telecoms supply chain review was
“not a Huawei specific exercise”.
I am afraid that the report published today may be stretching that phrase to its limits. The Government’s handling of the question of Huawei's involvement in the future of the UK’s 5G network has been defined by one thing: confusion. Rather than this review being published as expected—in March, including a decision on Huawei’s role in our future telecoms networks—we have had a flurry of delays, leaks and rumours.
Today’s further delay on a decision on Huawei means that this confusion will continue, leaving the telecoms industry without the clarity and the public without the confidence they need. A ban on Huawei products could significantly delay the roll-out of the 5G technology that will underpin our tomorrow’s economy. The innovative and green technologies that will form the basis of our future rely on the development and deployment of trusted 5G technology. Our digital infrastructure is already falling behind. The UK lags embarrassingly behind in international comparisons of full fibre roll-out. We are second last in the list of OECD countries, with just 4% of the UK having access to full fibre networks. What Britain needed from this review was not a muddle; we needed a new model for a genuinely world-class digital infrastructure, which we lack at the moment. So this decision must be taken as quickly and transparently as possible, because, whether the Government need to ban Huawei for security reasons or not, the Government have a roll-out target to meet: 5G for the majority of the country by 2027.
We need clarity, one way or another, and the Government should have a plan B for meeting this target if necessary. This review has provided neither. That goes directly against the advice of the Intelligence and Security Committee, which said last week that
“the extent of the delay is now causing serious damage to our international relationships: a decision must be made as a matter of urgency.”
Does the Secretary of State agree?
There are some measures in this review on diversifying the market that are welcome, but this is not an overnight solution, and surely these objectives are best achieved through working with our European partners. Hitherto, the Secretary of State has sought to keep our digital regulation regime in lockstep with Europe. Can he tell us whether the EU is following suit now that the Americans have taken action? If it has not, is he not now concerned that UK digital policy is significantly diverging from that of our closest trading partners?
The situation is indeed complex, as the Secretary of State says. The United States’ recent blacklisting of Huawei has added long-term viability concerns to the existing security considerations. But I am concerned that the future of the UK’s digital infrastructure is being held hostage by transatlantic geopolitics. The question here should be, what is in the UK’s public interest? It should not be, where does this fit into US foreign policy? The British public deserve a trustworthy and modern 5G network that is fit for the future; I fear that, under the new Prime Minister and his Administration, they will get neither.
With your indulgence, Mr Speaker, I will finish on one more point. This could be the last statement that the Secretary of State makes in his current role and, if it is, I would like to put on the record how much my team have enjoyed working with his. I have one phrase for him, from a very great man, who once sang these words:
“For what is a man, what has he got
If not himself, then he has naught
To say the things he truly feels
And not the words of one who kneels
The record shows”—
he—
“took the blows
And did it”
Huawei.
The hon. Gentleman was doing so well until the end; I suppose I should be grateful he did not quote:
“Start spreading the news, I’m leaving today”.
First, on the hon. Gentleman’s last remarks, let me say that the feeling is entirely mutual: I have enjoyed working with him and his colleagues. Our constituents expect not just the cut and thrust of debate across this Dispatch Box, which we have also enjoyed, but that we work together where it is appropriate to do so, and I am grateful to him and his colleagues for the spirit in which they have done exactly that.
Let me say a number of things about the hon. Gentleman’s comments on the statement. First, he is right to say that this announcement is about further delay in relation to decisions on Huawei, and I have explained why that delay is necessary. He is entirely right to say that the industry requires clarity and we should seek to give it that. At the moment, we are not capable of offering that clarity, and any decision that we were to take now might end up being different in the future when that greater clarity arrives. It is not a failing of the UK Government that is at work here, but an attempt to understand the actions of the US Administration and the implications of them.
The hon. Gentleman has said that he is concerned to ensure that this should be a decision about the interests of the UK and not the priorities of the US Administration, and I understand that. I can give him the assurance that decisions we take will be decisions in the best interests of the United Kingdom, but he knows that this is a hugely interconnected sector and it simply is not possible to make sensible judgments about telecommunications without recognising those interconnections. What the US Administration do has a significant impact on Huawei, and we have a situation in which Huawei equipment has American components and intellectual property within it. If that equipment is to find its way into the UK telecoms network, of course the actions and decisions of the US Administration are important—hence the necessary delay here.
The hon. Gentleman is also right to say that this is important technology and it can have a huge impact on our economy; he heard what I said about that a little earlier in the statement. He is wrong to say that the fibre roll-out has reached 4% of the country. It has now reached 8%—it was 4% when I arrived in this job and it has now doubled. He is of course also right to say that that leaves us with a considerable distance still to travel. It is important that we do that in a number of ways, with the most important perhaps being to commit fully to a full fibre roll-out: that was a strategic decision that the Government made—again, in the past 12 months.
Finally, the hon. Gentleman makes reference to the discrepancy that there may be in the approach that different EU countries may take. Of course, it would also be right to highlight the approach that other Five Eyes colleague countries may take. A huge variety of approaches is being taken; there is no uniform approach in the EU, with each country taking a slightly different one. The same is true of the Five Eyes nations. We of course want to engage with all our international colleagues, particularly those with whom we discuss these matters on a regular basis, and make sure that we have their input. However, I go back to my earlier comment: in the end, this will be a judgment that we take in the best interests of the United Kingdom.
I welcome the publication of the Government’s telecoms supply chain review report today. I am very pleased to see that the report reflects many of the points that the Intelligence and Security Committee raised in its statement on 5G suppliers on Friday. I specifically welcome the explicit national security direction power for the Secretary of State to compel telecoms operators in relation to high-risk vendors, because that issue was first raised by the ISC back in 2013.
With that praise in mind, may I pick up a couple of points? The timetable for providing Ofcom with increased responsibility for the new telecoms security requirements will clearly be of great importance. I ask the Secretary of State, will that be accompanied by additional resources for suitably skilled staff? If Ofcom is to do this job, it will need staff—probably brought in from elsewhere—who have skills that Ofcom does not possess. Can he give any greater clarity on the consultation timetable? I appreciate that the legislation is more difficult, but it would be helpful for the House to have an idea of the timeframe for the consultation process.
Finally, turning to Huawei, in the light of the United States’ position and the lack of clarity on entity classification, I entirely understand why the Secretary of State finds it difficult to make a decision at the moment. Clearly, if Huawei is deemed to be such an entity, the reality is that none of those inventing the technology will be able to have any dealings with that company, with long-term consequences for Huawei’s ability to deliver for anybody. That having been said, will the Secretary of State assure the House that this will not be used as an excuse for can kicking? I think that once the 90 days are up, as he may agree, there will be clarity, and the decision must then be made.
My right hon. and learned Friend is right to highlight the ISC’s statement, which has been an important contribution to the debate. As he knows, there is a significant overlap between what it says and the review’s conclusions. On Ofcom’s powers and the resources that must flow with those, I agree that it will be necessary to make sure that Ofcom has the resources to discharge its new duties properly. We will seek to give proper attention to that in the consultation process that is to follow.
On the issue of the timescale for the consultation, my right hon. and learned Friend will understand that we are keen to proceed as quickly as possible. One of the reasons I am addressing the House this afternoon is that had I not done so this week—the House will know that I made a commitment that it would know first when we were in a position to disclose the results of this review—I would be doing it in September at the earliest, and we would be beginning this process some six weeks later than we now can. I hope he recognises that that is an indication of the Government’s intention to proceed as quickly as we can, notwithstanding what he described as an inevitable delay in relation to Huawei specifically.
It is now three months since the national security leak that confirmed that the Government were split over allowing any Huawei involvement in the 5G network, yet it is clear that the Government are still prevaricating, while the US and Australia have been quite vocal about their concerns about the UK Government’s approach. The reality is that this statement is just a lot of words to confirm further delay. Why are the decisions now being left in the gift of the new Prime Minister? Is this just another case of putting the Tory party before the country?
When will we learn the proper definitions of core and non-core network? What happens if there is a legal challenge to the definitions? Would an outright ban not simply be more robust and effective? Further, if the Government continue to progress down the route of identifying core and non-core network, what controls and oversights will there be to ensure that there is no technological solution that allows Huawei to retrieve any data from the core network, if it is allowed to be involved in future?
What assessment has been made of the existing contracts that Huawei has, including its involvement in EE’s existing 5G roll-out to seven cities across the UK? Does not the existence of those contracts show how far behind the curve the UK Government are in taking action? It is a bit too late to be using the word “urgency”. How long will it be before the proposed telecoms security requirements are in statute, given the failures that have been identified? When will guidance be published for the voluntary code that the Secretary of State referred to? What will the Government do to create the desired diversification policy that was outlined in the statement?
Another Chinese company with security risks is ZTE. Have the Government made any risk assessments about the fact that ZTE has been picked to construct a 5G network in Jersey? What is the current status of ZTE’s partnership with BT, and has that been reviewed? Have there been wider Cabinet discussions on Chinese involvement in Hinkley Point C and the reliance on Chinese development to get the station operational? What security risks does that pose? Does this not show that the Government need much more of a bigger-picture approach, rather than the silo approach that is happening at present?
The hon. Gentleman has asked a number of questions; let me try to deal with as many of them as I can.
On the hon. Gentleman’s last point about Chinese involvement in the wider economy, he will recognise that there is a balance to be struck between welcoming inward investment into our economy, which we do, and wanting to be confident that our security requirements are met. In relation to ZTE, he may know that the Government’s judgment, based on advice from the National Cyber Security Centre, is that ZTE should not have engagement particularly in the 5G communications network, which is the subject of this review and this statement.
On the hon. Gentleman’s earlier points, he describes what I am announcing as prevarication. I hope that I have been straightforward in accepting that there is a delay, and I have explained the reasons for it in relation to Huawei. I do not believe that it would be sensible, responsible or helpful to anyone, including the telecoms industry, were I to give a partial decision today when I am not in a position to give a complete decision. It follows from that that when the decision comes to be made, there will be a new Prime Minister in office—that is now a little less than 48 hours away—so it is inevitable that that will be the case.
The hon. Gentleman mentioned a legal challenge. As you would expect me to say, Mr Speaker, from a former life I am always aware of the possibility of legal challenge. In my experience, it is always a possibility, but the way that we can best insulate against it is to reach sensible decisions based on defensible criteria. Again, the best way to do that is to make sure that we have all the information that we need before we make a decision of this kind. That is precisely what the Government propose to do.
It is, of course, a possibility—and remains so—that the Government may decide that an outright ban on Huawei equipment in the 5G network is the appropriate course of action. All I say today is that we are not yet in a position to make a comprehensive decision about that. As soon as we are, we will, but the hon. Gentleman has my assurance—as I indicated to the Opposition spokesman, the hon. Member for West Bromwich East (Tom Watson)—that the decision that we take will be, first and foremost, in the interests of the United Kingdom, and that security interests and our national security equities will be the most important consideration in that.
The hon. Member for Kilmarnock and Loudoun (Alan Brown) suggests that the actions that we are taking are behind the curve internationally. That is not so. If we produce telecoms security requirements in the way that we propose, they will be world-leading measures, and we should be proud of that. We will legislate for them as soon as we are able to do so.
The hon. Gentleman asked for more detail about what diversification of the supply chain might involve. Let me give him some possible examples. We are talking about measures such as improved access to spectrum and the promotion of new infrastructure models. He will be aware of the £200 million 5G test beds and trials programme, which we believe will support new investment, and we can and should pursue greater interoperability for equipment from different suppliers, including by requiring this in technical standards. Of course, the Government can use their buying power to promote a diverse supplier base. We should do all those things in addition to seeking to invite existing, established suppliers to come into the UK market, where they are not already present.
Does this mean a delay in the roll-out of 5G to constituents in Wokingham and elsewhere? If so, how long a delay are we talking about?
The commercial decisions that mobile network operators are making now about what equipment to buy are part of a continuing process. All those mobile network operators will need to consider carefully the position I have outlined today and make the appropriate commercial judgments, but we are seeking to move as quickly as we reasonably can to give them the clarity they need to continue making those investments.
Will the Secretary of State confirm that the assessment of the National Cyber Security Centre is that the risk posed by Huawei equipment to the security of the 5G network is manageable and that that assessment is based on long experience and the unique experience of working with Huawei over 10 years, looking carefully at every Huawei product that comes on to the UK market? What is his estimate of the impact on the speed of 5G roll-out, which was rightly highlighted by my hon. Friend the Member for West Bromwich East (Tom Watson) as a critical question, of excluding Huawei equipment from that network?
The right hon. Gentleman is right to talk about managed risk. He will recognise that we have been managing the risk presented by Huawei’s specific circumstances within the 4G network for some considerable time. He is also right, of course, that we have to consider the potential delay to the roll-out caused by any measures we decide are necessary. I repeat that the most important criterion is that we act in our national security interest. If that causes delay, it may well still be the appropriate course of action, but we will need to decide that when we are in possession of all the facts. He has my assurance that when we do that we will make the most balanced judgment we can. As I said to my right hon. Friend the Member for Wokingham (John Redwood), all commercial operators will need to take account not just of what we have said today but of what they already know about the position in the United States and elsewhere.
Does the Secretary of State accept that the phrase “manageable risk” is almost a contradiction in terms, because if it were fully manageable, it would not be a risk? Is he not absolutely right not to be taking a decision with such profound security implications for our future in the dying few hours of an outgoing prime ministerial Administration? Finally, does he accept that unlike other suppliers, which, it is true, may have contaminated supply chains themselves, Huawei is unique in being subject to article 14 of China’s national intelligence law, passed in June 2017, which empowers the intelligence agencies of the Chinese state to
“request the relevant organs, organisations and civilians to provide necessary support, assistance and cooperation”
to those intelligence services? We would be mad to enter into a direct security relationship with the agencies of a totalitarian communist state.
I am grateful for my right hon. Friend’s comments. Of course, he is right that we should take no risks that are not manageable. Once we are in possession of all the information we should have, we will have to judge whether we are capable of managing the appropriate risk effectively. If we are not, it is a risk that we should not take. On that I entirely agree, but that decision has not yet been taken.
My right hon. Friend is right to highlight the Chinese law—it is what makes Huawei different from many other suppliers in the network—but I repeat the point I made a moment ago: a process for managing that risk has been in place for some considerable time. So far as delay is concerned, I repeat that in my judgment the right way to proceed is to delay only until we are in possession of the facts and information necessary to make the right judgment. That is the process we will undertake.
The Intelligence and Security Committee issued a statement on Friday saying that the UK network had to be built in such a way as to withstand attack from any quarter. The Secretary of State knows that only Nokia, Ericsson and Huawei can provide the 5G required for the UK’s use. While his noble aspiration is to pursue targeted diversification, is that realistic given the three potential suppliers? Should we not have a resilient service that can meet any potential threat within any of those three suppliers, rather than the desperation of simple diversity?
The right hon. Gentleman is right, but they are not mutually exclusive. We can and should do both. Diversification will not happen overnight, which is one reason I want to proceed as swiftly as possible with that track. It will take time for us to develop diversification in the market, but none the less we should seek to do so in the longer term. In the shorter term, he is also right—he knows this from his ISC work—that part of the reason we want a larger number of suppliers in the system is not simply that that is commercially and economically beneficial, but that there is a security benefit. Having several different suppliers’ equipment in the system helps to prevent overdependence on any one supplier’s equipment. That is an obvious security imperative. We should do that. It is part of the calculation we make about the security imperative in this decision.
Given the fundamental issue of security, which for many of us here must override all the other interests, I congratulate my right hon. and learned Friend on this statement on a new security framework, particularly since it will be a much stronger security-based regime than that which exists at present.
I am very grateful for my right hon. Friend’s support. As he knows, my clear intent in commissioning the review was to focus first and foremost on security. No other consideration comes ahead of security. Fundamentally, we must make a decision on the basis of what is in our security interests, but he is also right that if we were to focus solely on one company or country, we would miss the broader important point that our telecoms supply chain must be resilient and secure, regardless of where equipment comes from, because risk may transfer from place to place and our population is entitled to expect that the approach we take puts security at its heart, wherever the equipment comes from.
It is essential that the national security implications of using Huawei equipment be fully taken into account, but what consideration, if any, is given to the use of Huawei equipment in the repression of Uyghurs? Do the UK Government take that and the use of similar equipment by other manufacturers from China into account?
I know that the right hon. Gentleman regularly raises this issue with colleagues from the Foreign Office. As he knows, we are concerned about it across Government. It is important that the UK Government, in their communications with the Chinese Government, stress the importance of human rights and their protections for minorities as well as for majority populations in China, and we will continue to do that. The judgments we make in this review will not diminish the UK Government’s enthusiasm for making that case.
Given that Huawei is to all intents part of the Chinese state, given that China has extensive history of intellectual property theft, data theft, cyber-attacks and the development of a surveillance state in parts of its own country, given that it is building up a dominant position in advanced comms that will eventually put Nokia, Samsung and others out of business, given the increased warnings of the Cell, and given our Five Eyes colleagues’ positions, does the Secretary of State agree that having any tech from one-party authoritarian states in our critical national infrastructure raises difficult and potentially insurmountable obstacles when it comes to data protection and protecting our human rights, the rule of law, our value system in the 21st century and security?
I certainly think that my hon. Friend’s description justifies his reference to difficult issues. As for whether they are insurmountable, if he will forgive me I will not answer that question, because it would predetermine the outcome of the review that still has to happen specifically in relation to Huawei. However, all the points that he has made are proper for consideration as we make that decision.
May I take the question asked by the right hon. Member for Carshalton and Wallington (Tom Brake) a little further? A million Uyghurs are languishing in concentration camps in Xinjiang, and the people of that province are under constant surveillance with the connivance of Huawei in the regime. All of us—especially those of us who are members of the Select Committee on Defence—are aware of the security risks of the project, but the Secretary of State and the Government have yet to answer a more fundamental question. Why should they reward a company that has been complicit in creating an authoritarian, dystopian Xinjiang with such a large Government contract?
As I said to the right hon. Member for Carshalton and Wallington, the UK Government are not uninterested in this subject; far from it. The hon. Gentleman will understand, however, that the parameters of the review that we are undertaking here relate to what measures it is sensible to take to protect our security interests within the UK telecoms network. Elsewhere in the Government, we continue to take a strong interest in the welfare of minorities in China and elsewhere, and to make strong representations thereon.
I welcome the statement, and, in particular, what my right hon. and learned Friend said about the new national security framework for telecoms. Does he agree, however, that that framework needs to reflect the rapidly changing technological landscape in which we are operating, and needs to be properly resourced to be effective and serve its purpose?
Yes, I do agree with my hon. Friend. I think that both those points are important. We need to build the framework in a way that enables it to adapt as the technology develops, and we will seek to do that. He will have heard me say that we intend to consult on the specifics of the telecoms security requirements. The matter will then come to the House, because we will need to legislate for the powers that will be necessary for both the Government and Ofcom to enforce those requirements.
(5 years, 8 months ago)
Written StatementsI have written today to the BBC, S4C, Ofcom and the International Paralympic Committee in a limited consultation on adding the Paralympic games to the listed events regime. I have also copied the letter to Channel 4 which currently holds the broadcasting rights for the next Paralympic games in Tokyo 2020, to other eligible free-to-air broadcasters, and to the Sport and Recreation Alliance.
The Broadcasting Act 1996 gives the Secretary of State for Digital, Culture, Media and Sport discretion to designate sporting and other events of national interest as listed events. Once listed, broadcasting rights to such events must be offered to the main free-to-air terrestrial broadcasters (“qualifying broadcasters”) on fair and reasonable terms. Qualifying broadcasters are those which reach 95% coverage of UK viewers and at no additional cost to the viewer than the television licence fee. Broadcasters currently meeting these criteria are BBC1, BBC2, ITV1 and Channel 4.
The current list, compiled in 1998, consists of two categories of events:
Group A, in which full live coverage must be offered to the qualifying broadcasters; and
Group B, in which live coverage may be broadcast on subscription television as long as secondary coverage is offered to qualifying broadcasters.
Under section 97 of the Broadcasting Act 1996, the Secretary of State is able to amend the list providing that they have consulted with the statutory consultees. In my letter I have asked consultees to consider the following:
whether, based on the guidance and criteria given, the Paralympic games should be added to the list;
whether the Paralympic games should be listed under group A or group B of the list;
other factors affecting the likely costs and benefits to the sport concerned, to the broadcasting industry and to viewers, as set out in the guidance on the criteria for listing; and
any other factors relevant to the final decision.
While the Government do not wish to reopen the list of events for a full review, we are committed to supporting more equality in the coverage of sport on TV, and in particular, disability and women in sport. It is for this reason that I am considering whether to exercise discretion to add the Paralympics to the list, and that I intend on holding a consultation later this year on adding women’s sporting equivalent events to the regime that match the men’s events.
I will inform the House of the outcome once I have discussed fully with statutory consultees.
[HCWS1751]
(5 years, 8 months ago)
Written StatementsI am today laying before Parliament the Government’s draft statement of strategic priorities for telecommunications, the management of radio spectrum, and postal services.
The statement sets out the Government’s strategic priorities and desired outcomes in a number of areas, including gigabit capable broadband deployment, 5G, spectrum management, the security and resilience of telecoms infrastructure, and furthering the interests of telecoms consumers.
The statement follows a statutory consultation that ran between 15 February and 27 March 2019. This elicited a number of responses from a large and diverse range of respondents, including industry, consumer bodies, local councils, and bodies representing rural interests. This has given the Government a wide variety of views to reflect upon. I would like to thank all respondents for taking the time and effort to respond.
I intend to designate the statement for the purposes of section 2A of the Communications Act 2003 after the end of the statutory “40-day period” (as defined in section 2C of the Act), unless either House of Parliament resolves not to approve it within that period.
[HCWS1748]
(5 years, 8 months ago)
Written StatementsI would like to update the House on Ofcom’s statutory duty to share information with the Government at least 24 hours before publication, introduced under section 24A of the Communications Act 2003, inserted by the Digital Economy Act 2017. This early access to information from Ofcom is important in supporting the Government’s wider policy responsibilities in safeguarding and improving the delivery of essential communications services on which consumers rely.
To commence the duty I must specify by regulations what categories of information will be exempt from this duty, following consultation with Ofcom. Our consultation with Ofcom has now concluded and I can inform the House of our intention to proceed with the implementation of the duty via a negative statutory instrument later in the autumn.
The categories of information to be listed as exempt in these regulations include broadcasting content standards and broadcasting licensing enforcement. This is to ensure that there can be no accusations or perceptions that the Government have had inappropriate prior knowledge or been involved in these functions. Corporate functions will also be excluded. Other types of information Ofcom proposes to publish, which fall outside of the above exemption regulations, will need to be shared with the Government at least 24 hours before publication by Ofcom once the duty comes into force, unless there are exceptional circumstances or prior agreement is reached.
A memorandum of understanding (MoU) will be agreed between Ofcom, DCMS and BEIS, setting out processes to be followed for the provision of information by Ofcom. This MoU will provide the necessary assurances around who will have access to this information and when, as well as reinforcing the strong procedures Government Departments already have in place to handle sensitive information. Furthermore, additional arrangements for highly market sensitive information will see that such information only has to be shared once UK markets have closed (which may be less than 24 hours before publication), to provide necessary assurances to the companies Ofcom regulates.
The Government remain fully committed to Ofcom’s independence. This duty to provide information will not influence Ofcom’s investigations or decision making. Safeguards in the legislation legally prohibit representations being made to Ofcom before publication and also restricts with whom Ministers, and officials acting on their behalf, can share information before publication. For transparency, the consultation correspondence between DCMS and Ofcom will be published on gov.uk.
[HCWS1750]
(5 years, 8 months ago)
Written StatementsOn 8 May 2019, the House debated a motion calling on the Government to guarantee the maintenance of free TV licences for over-75s beyond 2020.
The concession which was debated by the House, was introduced in 2000, and allows every person over the age of 75 in the United Kingdom access to a free TV licence. The concession was funded by the Department for Work and Pensions in full between 2000 and 2017.
In the 2015 funding settlement, the Government agreed with the BBC that Government funding for the concession would be phased out between 2018 and 2020, with control of the concession passing to the BBC from June 2020. The Government and the BBC agreed this was a fair deal for the BBC; in return, the Government committed to close the iPlayer loophole and committed to increase the licence fee in line with inflation, among other measures. The Government are clear that the future of the concession from June 2020 is the responsibility of the BBC.
Parliament made this decision and legislated to put it into effect. Transferring responsibility for the concession was debated extensively during the passage of the Digital Economy Act 2017, which was agreed by Parliament.
The BBC announced on 10 June 2019 that from June 2020 only those who are over 75 and in receipt of pension credit would continue to receive a free TV licence.
The Government are disappointed that the BBC will not protect free television licences for all viewers aged 75 and over. We recognise that television is a vital link to people of all ages, but particularly so for older people who value television as a way to stay connected with the world. That is why we have guaranteed the over-75 concession until June 2020 and that is why we believe that the BBC can do more to support older people, and why we have asked them to do so.
The debate was an opportunity to acknowledge the importance of the BBC to every licence fee payer in the UK. The BBC is one of the UK’s most treasured institutions and is part of the social and economic fabric of the country. It is a world-class broadcaster and a cultural institution producing some of the best television and radio in the world.
[HCWS1692]
(5 years, 8 months ago)
Commons ChamberWe have asked the Centre for Data Ethics and Innovation to review the potential for bias in the use of algorithms, and it is considering usage in both the public and private sectors on crime and justice, financial services, recruitment and local government. The centre will publish an interim report later this month, and it will make recommendations to the Government early next year. We will then decide how to proceed.
The past 10 years have seen the most revolutionary and rapid changes in how technology is used in public services, politics, work and leisure, yet the Government have had to be dragged kicking and screaming to implement the most basic digital protections, and they are behind even Google and Facebook in calling for regulation. The Secretary of State talks about another review, but algorithmic bias is a threat to all our citizens in the form of algorithmic rule. Will he take the opportunity to get on the front foot and put in place regulations to protect our citizens?
We are on the front foot, and the hon. Lady’s characterisation is entirely wrong. The world looks to the UK as a leader in this field. I talk to counterparts across the world about the Centre for Data Ethics and Innovation, and they are interested in a move that we are making that no one else has yet made. As the hon. Lady knows—she has looked carefully at this issue—the online harms White Paper will deal with a range of issues and produce regulation that is, once again, world leading.
The Government are disappointed with the BBC’s decision on the licence fee concession for the over-75s. Taxpayers want the BBC to use its substantial licence fee income in an appropriate way, to ensure that it delivers for UK audiences. The Government expect the BBC to consider further ways to support older people, and I recently met the BBC management to discuss what more it could do.
The BBC is not a benefits agency. Both Tory leadership contenders have condemned the proposal to remove free TV licences from the over-75s, and stated that that must be reversed. The director-general has rightly said that the Government are responsible for the TV licence proposal, and that he would be open to conversations about reversing it. Will the Secretary of State tell the House when further conversations may happen, and when will that benefit cut be reversed?
As the hon. Gentleman knows, the decision to transfer that responsibility to the BBC was taken in 2017 by this House in the Digital Economy Act 2017. I assure him that conversations about what more we expect of the BBC will continue, and we expect it to do more.
Without hiding behind the BBC again, will the Minister explain to my constituent, who rang up incensed, why his 86-year-old neighbour, who is a veteran and relies on his TV for company, should have his TV licence taken away? Last week the Under-Secretary of State for Defence (Mr Ellwood), who opened the debate on Armed Forces Day, thought that was unfair—does the Minister?
Nobody is hiding behind the BBC. Legislation has now provided that this decision should be for the BBC to take, and if the hon. Lady listens to the BBC, that is exactly its message—it is its decision and responsibility. She makes a good point about veterans, and I have raised that issue with the BBC. I expect it to be able to do more for veterans, and it should.
In response to my hon. Friend the Member for Paisley and Renfrewshire North (Gavin Newlands) the Secretary of State referred to 2017, but in that year his party’s manifesto stated that there would be no cut to free TV licences. On Monday, people in Duke Street were infuriated by that move. There are 6,500 over-75s in my constituency. Will the Minister come and visit and tell them why he is planning to cut their free TV licence?
I am happy to send the message that I share their disappointment, and I have made that clear on a number of occasions. In fact, we can go back further than 2017, because in 2015 the arrangement was made with the BBC that this responsibility would transfer to it as part of the charter settlement. The BBC has known about this for some time, and it had the opportunity to prepare for it. In our view, it needs to do better.
In my constituency of Canterbury, there are some 6,250 households at risk of losing their free TV licence. Why are the Government failing to live up to their responsibility to older residents? Is it simply the case that they are entirely complacent about receiving their support in any upcoming general election?
No, I do not accept that for one moment. The Government’s record on support for older people has been remarkable. We have been able to provide £1,600 more per year for those on the state pension than was managed in 2010 under a Labour Government. We have done more on loneliness than any Government before us. We introduced a Minister with responsibility for tackling loneliness. For the first time, we have a strategy on loneliness and we have put our money where our mouth is with £20 million of investment. I am afraid the Labour party in government did none of those things.
If it was a decision for the BBC, why did the Government put it in their manifesto? Does the Minister not think he has a moral obligation to make up the difference if the BBC has a problem? Many pensioners suffer from loneliness and for them the BBC is a lifeline to the world.
The hon. Gentleman is right to raise the issue of loneliness, and I will repeat the points I have just made. The Government have done a huge amount to combat this very substantial social problem. The truth is that we still expect the BBC to do better in this area, but it is the BBC’s responsibility. The responsibility was transferred to the BBC in 2017, after it was agreed with it in 2015. The BBC itself has made it clear that this is now its responsibility.
In the London Evening Standard on 11 June, there was a very interesting headline on page two, stating:
“Tax campaigners defend axing of free TV licences for wealthy OAPs”.
Wealthy old-age pensioners? Will the Secretary of State join me in condemning the slippery language used by the editor of the London Evening Standard, an architect of this debacle? My 5,000 pensioners who risk losing their free TV licence in Cambridge are not wealthy.
As the hon. Gentleman says, wealthy pensioners are not the only ones who will lose their TV licence. That is certainly right. That is exactly why we continue to say to the BBC that it needs to do better than it is doing at the moment.
There are some very interesting statistics that I should perhaps share with the House at this point. Last year and this financial year, the BBC has been sharing with the Government the cost of the over-75 licence concession. Last year, the cost of the concession was £677 million. The Government paid £468 and the BBC paid £209 million. This financial year, the cost is £700 million. The Government paid £247 million and the BBC paid £453 million. The cost of the concession as the BBC intends to operate it from 2020 onwards is, by its estimate, £260 million. That is substantially less than the BBC is paying towards to the concession this financial year. The BBC would say, and I would agree with it, that it is able to supply a good service this year while still paying £453 million towards that concession. That seems to be an interesting statistic.
Why not get rid of TV licences altogether for everyone and force the BBC to compete for its revenues like every other broadcaster? The supermarket equivalent would be forcing everyone, under threat of criminal sanction, to spend £150 in Tesco even if they shop at Aldi, Sainsbury’s, Co-op or elsewhere.
I cannot agree with my hon. Friend. In previous years we looked carefully at whether this is the right way to fund the BBC, and the conclusion reached was that it is. The Government have no plans to change that fundamental funding model.
Does the law allow the BBC to discriminate? If it does, should it not be the BBC that is responsible for bringing prosecutions, not the state?
My right hon. Friend raises an interesting point. As I have said, it is of course a matter for the BBC to decide how this concession should be structured. It is open to the BBC, as it has demonstrated, to choose a model that does not offer a free TV licence to every over-75 year old. The question of enforcement is an interesting one that we will go on considering. I would hope very much that the BBC will take seriously the comments of my right hon. Friend and others about how this obligation should be properly enforced in the future.
Perhaps the most difficult part of growing old is the loss of a husband, wife or partner—the person you have shared your every day and every thought with, often over a lifetime. There are nearly 600,000 widowed men and 1.5 million widowed women over the age of 75. An estimated seven out of 10 widows and widowers will lose their free TV licence. That is nearly 1.5 million people who have lost their life partner who will now be stripped of the comfort of their television by this Conservative Government. Can the Secretary of State live with that?
The decision that has been made is to transfer that responsibility to the BBC. How the BBC chooses to exercise its responsibility is, as it and we say, its responsibility. The point that the hon. Gentleman makes is a fair one, and it needs to be heard by the BBC as it decides what more it can do to help those who are in particular need or are particularly vulnerable. That is exactly the conversation that I am having with the BBC at the moment, and that we will continue. The decision for the hon. Gentleman is how he intends to back up the pledges that he has so far made to take that responsibility back to the taxpayer, and how he intends to fund that change.
Semi-finals are dangerous places for England’s sports teams. I am sure that the whole House will wish to offer its commiserations to the Lionesses following Tuesday’s result, but also our huge congratulations on their performance throughout the World cup competition. Although it did not produce the result that we wanted, Tuesday’s match attracted the largest live television audience so far this year, and the team has sparked a significant change in the visibility of, and support for, women’s football and women’s sport generally. That in itself is a fantastic achievement. We also send our best wishes to the England men’s cricket team for their semi-final next week in a world cup that has given people around the world another good reason to visit the United Kingdom this year.
Tourism is a significant but often overlooked part of our economy, and last week we launched the tourism sector deal, the first of its kind. The coming together of industry and Government will mean more investment in accommodation, skills and apprenticeships and data to ensure that we attract even more tourists and business visitors. We also intend to ensure that everyone can visit by making the UK the most accessible tourism destination in Europe by 2025. Tourism matters greatly in many of our constituencies, and the sector deal will give it the long-overdue Government recognition that it deserves.
May I associate myself with the remarks of the Secretary of State about the Lionesses, and also of course wish good luck to the England cricket team?
The epidemic of appalling online bullying demonstrates that the online world is effectively not abiding by the same rules as the offline world, and people are suffering right now, so now that the consultation on the White Paper on online harms has closed, will the Secretary of State urge the new Prime Minister to prioritise legislative time so that we can sort this law out and protect people who are suffering right now?
Yes. I believe that this is a priority, and I believe that the next Government should see it as such, and I believe that we should see legislation coming forward in the next parliamentary Session. The hon. Lady is right; the consultation on the White Paper concluded yesterday, but as she will have heard me say before, I believe that this is a groundbreaking change that we need to get right, so the Government intend to continue to listen, notwithstanding the fair point she makes about the urgency of the situation.
Will the Minister update the House on the prospect of the Bayeux tapestry coming to this country on loan after the Bayeux museum is temporarily closed after 2020?
We very much look forward to that prospect. Of course, as my hon. Friend will recognise, there are some technical challenges to be overcome to ensure that the tapestry can be properly displayed and protected, but this is an example of Anglo-French co-operation of which we expect to see a great deal more in the future.
More than 6 million people watched England take on Scotland in the women’s World cup and, as the Secretary of State just said, nearly 12 million people watched England take on the USA, and we send our condolences to the Lionesses. We have had some iconic and memorable moments. Hayley Lauder from my Livingston constituency got her 100th cap, and none of us will forget that magnificent celebration from Megan Rapinoe that made women and girls everywhere across the world say, “You can take up space; you can celebrate and you can be in sport.”
However, a recent study found that 65% of broadcast sport in Scotland was taken up by men’s football alone, and, as the Secretary of State knows, only 2% of print media is about women’s sport. We must do more to capitalise on the incredible results from the women’s World cup to make sure that women’s sport, and particularly women’s football, continues to be recognised in the way it has been.
I agree with the hon. Lady; she has been a passionate advocate for this for as long as she has been in the House, and I am sure long before, and she is right. But I think we should recognise that some significant progress has been made over the last few weeks and months; even six months ago, if we had said in this House that we expected a women’s football match to have the largest live TV audience of the year so far, standing as we are in July, I do not think any of us would have believed it. So significant progress is being made. It was great to be able to see that match on the BBC on Tuesday and for there to be such a large audience for it. It is, as the hon. Lady says, inspiring girls and women to play more sport, and that is exactly what we want to see more of.
Does the Minister agree that one of the crucial aspects of tackling loneliness is raising awareness of the services, support and activities that are available in local communities, and what are the Government doing to achieve this?
As this is 4 July, Independence Day, and despite this week’s football result, will the Secretary of State, who like me has an American spouse, comment—positively, of course —on the very many benefits of our special relationship with the US?
Neither my hon. Friend nor I would dare to do anything else, today or on any other day. He is right to suggest that this remains a very special relationship, not just in our households but across the nation.
The hon. Lady passionately believes, as do I, in ensuring that help gets to those who need it. Those who are affected by problem gambling, and whose lives are ruined thereby, need help as quickly as they can get it. The reason that I think it appropriate to welcome the moves that have been made by those five companies, as she has done, is that this will deliver help quickly and in the sort of amounts that a mandatory levy was always designed to deliver. Having said all that, if those voluntary commitments are not met, the Government will reserve the right to pursue a mandatory route instead. But let’s get the help to those who need it as quickly as we can.
Manned by local volunteers, the local heritage centres in Desborough, Burton Latimer and Rothwell in the borough of Kettering do much to encourage an interest in local heritage in small communities that have seen much change as a result of new housing developments. What importance does the Department attach to encouraging the promotion of such venues?
The answer is huge importance. My hon. Friend makes the important point that heritage is local as well as national. We can transform our communities in a number of ways, one of which is to give people clearer insights into the wonderful heritage around them. The heritage high streets fund will do that, as will many of the other measures that have been referred to.
I will certainly look at what is happening at the Priory centre, but I know that the hon. Gentleman will appreciate, as I do, that £8 million was found in the Budget to support Coventry city of culture, and we both look forward to it being a tremendous success.
(5 years, 9 months ago)
Commons ChamberBefore I make my statement, Mr Speaker, I hope you will allow me to send my best wishes—and, I am sure, those of the whole House—to the Lionesses in advance of their semi-final match this evening. As you know, sport so often brings us together. The men’s football team did so at their World cup last summer and the women are doing so at their World cup this summer. We salute them for that. We congratulate them on their successes so far and wish them well for the game tonight.
This statement is about today’s announcement on support for those affected by problem gambling. While we all want a healthy gambling industry that makes an important contribution to the economy, we also need one that does all it can to protect those that use it. Problem gambling can devastate lives, families and communities. I have met those who have lost more than the UK’s annual average salary during one night of gambling online, and parents who are now without a child as a result of gambling addiction.
Over recent months, I have also met representatives from the gambling industry and colleagues from right across the House to discuss what more needs to be done. We can all agree that it is best to prevent harm before it occurs and to step in early where people are at risk, but we also need to offer the right support for those people who do experience harm. We have already acted to reduce the minimum stake on fixed odds betting terminals to £2 from £100. We have tightened age and identity checks for online gambling websites—an important step in protecting children and vulnerable people who may be at risk.
Today, five of the biggest gambling companies have agreed a series of measures that will deliver real and meaningful progress on support for problem gamblers. This announcement has been welcomed by the Gambling Commission, GambleAware and Gamban. These companies, together, represent about half of the British commercial gambling industry. At the heart of this package is a very significant increase in their financial contribution to fund support and treatment. Last year, voluntary contributions across the whole industry to problem gambling yielded less than £10 million. Now, five operators—William Hill; Bet365; GVC, which owns Ladbrokes Coral; Flutter, formerly known as Paddy Power Betfair; and Sky Betting & Gaming—have said that over the next four years they will increase tenfold the funding they give to treatment and support for problem gamblers. In this same period, they have committed to spending £100 million specifically on treatment. The companies will report publicly on progress with these commitments, alongside their annual assurance statements to the Gambling Commission.
Last week, as the House knows, NHS England announced that it is establishing up to 14 clinics for those with the most complex and severe gambling problems, including where gambling problems co-exist with other mental health problems or childhood trauma. It has also been announced that the first NHS problem gambling clinic offering specific support for children is set to open. The funding announced today enables a huge boost for the other treatment services that complement specialist NHS clinics, and it will help us to place an increased focus on early intervention.
I know that Members across the House have argued for a mandatory, statutory levy to procure funds for treatment and support in connection with problem gambling. I understand that argument. However, as the House knows, legislating for this would take time—in all likelihood, more than a year—to complete. The proposal made this morning will deliver substantially increased support for problem gamblers this year. It may also be said that receipts from a statutory levy are certain and those from a voluntary approach are not, but it is important to stress two things. First, these voluntary contributions must and will be transparent, including to the regulator, and if they are not made, we will know. Secondly, the Government reserve the right to pursue a mandatory route to funding if a voluntary route does not prove effective.
This is a clear financial commitment from industry to addressing the harms that can come from gambling. But this is not solely about spending money: it is a package of measures spanning a number of different areas to ensure that we tackle problem gambling on all possible fronts. First, a responsible gambling industry is one that works together to reduce harm and wants customers to be safe, whichever platform they use or however they choose to gamble. The companies already identify customers whose gambling suggests they may be at risk and take steps to protect them—their licences require this—but they will go further. We have already seen the successful launch of GamStop, the multi-operator self-exclusion scheme. I am pleased that companies have committed to building on this through the greater sharing of data between them to prevent problem gamblers from experiencing further harm.
Secondly, the five companies will use emerging technology to make sure that their online advertising is used responsibly. Where technology exists that can identify a user showing problem gambling behaviours, and then target gambling adverts away from that person, they have committed to using it. More generally, the industry has already committed to a voluntary ban on advertising during live sport during the daytime that will come into force next month.
Thirdly, operators have committed to giving greater prominence to services and campaigns that support those in need of help. They have pledged to increase the volume of their customer safer gambling messaging; to continue their support for the BetRegret campaign, which is showing promising early results; and to review the tone and content of their marketing, advertising and sponsorship to ensure that it is appropriate.
These are welcome commitments that represent significant progress in the support that operators give for those impacted by problem gambling, but as technology advances, we will need to be more sophisticated in how we respond. The five companies that have proposed these measures today will be working closely with the Government, charities and regulators so that we can address any new or developing harms. I commend the leadership of the five companies who have put these measures forward. They are proposals from some of the industry’s biggest companies. I believe that it is reasonable for the biggest companies with the largest reach and the most resources to do more and show leadership, but the industry as a whole needs to engage in tackling problem gambling, and we want other firms to look at what they can do to step up. And I repeat: it will remain open to the Government to legislate if needed, so this is not the end of this conversation. We will keep working hard as a Government to make sure we protect users, whether online or in the high street.
There is still much more to do, but today’s announcement is a significant step forward. It means substantially more help for problem gamblers, more quickly than other paths we could take. We must and we will hold the companies that have made these commitments to them, and we will expect the rest of the industry to match them. They will change lives for the better and contribute to the ongoing work we are doing to make gambling safer for everyone. I commend this statement to the House.
The whole House is united in supporting the Lionesses in their game at 8 o’clock tonight. The Opposition believe that we must capture the energy created by women’s football; 10 million people will be watching tonight. That is why we think that the next women’s World cup should be added to the “crown jewels” list of free-to-air sport.
I thank the Secretary of State for advance sight of his statement. Last September, Labour announced that we would introduce a 1% mandatory levy on gambling companies to pay for research, education and treatment of problem gambling. We stand by that commitment today: only a mandatory levy will do.
I am glad that the gambling industry has sat up and listened to what we and other campaigners, on both sides of the House, are saying on this issue. Credit where it is due: the big five companies have shown leadership and responsibility, which are sorely lacking in some other parts of the industry. Gambling addiction costs the economy an estimated £1.2 billion a year, yet the amount that the industry currently contributes to treating addiction is paltry.
The voluntary levy, as it currently operates, asks for 0.1% of gambling yield. That target is never met. The industry turns over £14.5 billion a year, yet contributes less than £10 million a year to GambleAware. Some companies contribute amounts that are, frankly, insulting to the voluntary system. SportPesa, which sponsors Everton, and Fun88, which sponsors Newcastle, gave only £50 each last year. Both are white labels of the company TGP Europe. Best Bets gave £5, while GFM Holdings Ltd gave just £1. Given that there are 430,000 gambling addicts, 55,000 of whom are children, that is completely unacceptable and deliberately insulting to those leading players in the industry who are trying to take responsibility. Will the Secretary of State tell us how he will make such companies take more responsibility if not through a mandatory levy?
The Secretary of State for Health and Social Care now supports a mandatory levy; Simon Stevens, chief executive of the NHS, supports a mandatory levy; the Gambling Commission supports a mandatory levy; and Gambling with Lives supports a mandatory levy. However, I cannot quite understand from his statement whether the Secretary of State, who has responsibility for this policy area, supports a mandatory levy—does he or not?
We in the Opposition believe that a mandatory levy is the only way to provide the structure and consistent funding that a proper system of research, education and treatment needs, and with the NHS at the heart of the process. In the announcement today, the so-called big five have said they will fulfil the 0.1% donation to GambleAware, but where will the rest of the funding go? Who or what will establish the proper clinical models and guidelines for service provision? Can the Secretary of State tell us how the Government will ensure that the money does not just go on the companies’ pet projects?
After today, we will still have inadequate regulation and a Gambling Act that is outdated and not fit for the digital age. Gambling companies licensed in the UK are sponsoring UK football teams yet operating entirely abroad, behaving irresponsibly and fuelling addiction in countries such as Kenya. Companies are allowing customers to lose tens of thousands of pounds on multiple credit cards in a single sitting. There are companies that bombard customers who try to self-exclude with advertising emails and offers of free bets, then make them sign non-disclosure agreements when they settle.
The gambling market is broken, and it is up to the Government to fix it. We do not need a voluntary patch, but a full overhaul of rules and regulations. I fear that the Secretary of State and the Government will fail in that task.
I am grateful to the hon. Gentleman for some, at least, of what he has said. I reassure him on a number of points. First, as he says, he has always been in favour of a mandatory levy that will raise 1% of gross gambling yield. The commitment being made by the five companies in question this morning is to fund 1% of gross gambling yield, so they are offering him what he has asked for. It seems sensible and reasonable to accept that that is what they are doing; I shall come to his other points about where the money goes in a moment.
It is also right, as the hon. Gentleman says, that the rest of the industry needs to do better—I said as much in the statement. It is important that other companies follow the example set by the five who have spoken this morning. They need to take more responsibility in the way that he suggests. As I have made clear, we do not take off the table a mandatory levy, particularly for those companies that are not prepared to proceed on a voluntary basis as the five now are.
I do not doubt that the reason why those five are proceeding in this way is a result of pressure applied by many in this House, including those of us in government who have met repeatedly with them to make clear what our expectations are and to say that, if those expectations are not met voluntarily, they will be met in other ways. I make the same clear to all those companies that have not yet come forward as those five have.
The hon. Gentleman makes the fair point that people will want to know that the funding goes to the right places and does not simply find itself recycled back into the budgets of the five companies. As a result of what has been announced today, there will now be consultation with the NHS, the Gambling Commission, GambleAware and others on where the funding should go. Those organisations, of course, are best placed to indicate where the funding can best be used. Then, of course, it will be for the Gambling Commission to audit how that spending is distributed so that we all know where it is going and we can all judge whether it has been sent to the right places. If it has not, we reserve the right to continue to act in a different way.
Some years ago, as shadow Secretary of State for Culture, Media and Sport, I was sitting where the hon. Member for West Bromwich East (Tom Watson) is now. I witnessed the then Labour Government and their mammoth explosion of gambling, both online and elsewhere.
Despite repeated warnings, successive Governments have failed to tackle what is a pernicious problem, particularly among less well-off people. Historically, people with gambling and other addictions who have health insurance or money can get treated, so I very much welcome the fact that some of these companies are now going to fund treatment for the less well-off. But will the Secretary of State say a little more about how he envisages these clinics? Will they be sustained on a long-term basis? What is the geographical spread? Will the money be hypothecated? Critically, will the NHS match the money from the five companies to date?
I welcome the move today, but I have to say that I am not convinced that we will not need some kind of mandatory levy in the longer term.
I am grateful for my right hon. Friend’s comments. He is right to be sceptical: we are all sceptical and remain sceptical in government about this. However, it would be wrong not to recognise the significant step forward that this announcement represents.
In answer to my right hon. Friend’s point about hypothecation, I should say that it has been made clear that £100 million of the money announced today will be reserved for treatment over the four-year period. We will want to make sure that the requirements for treatment are met via this contribution and those that we expect the rest of the industry to make.
As I mentioned in the statement and as my right hon. Friend knows, commitments have already been made by my right hon. Friend the Secretary of State for Health and Social Care to spend money on gambling, which is a recognised and real health problem. The money I have announced today is to supplement that. We must make sure that there is no duplication but rather that these contributions reinforce the money that is already committed.
I thank the Secretary of State for advance sight of his statement. I appreciate the progress that is being made. Having discussed many of these issues with the Secretary of State and his Department, I genuinely believe that he gets it and is improving the situation, but I would take issue with a number of points. The statement touches on the argument for a mandatory levy, but undermines it by saying that it would take a year to complete. That reminds me of the old adage that my hon. Friend the Member for Falkirk (John Mc Nally) often reminds me of: “When is the best time to plant a tree? Twenty-five years ago.” If we do not start now, we will not be any closer a year from now. Is the Secretary of State suggesting that the gambling companies would withdraw their offer? If not, there is nothing to lose by starting the ball rolling now.
What we have now is an unacceptable compromise. Any amount that cannot be guaranteed, cannot be budgeted. If we are to provide education, research and support, it cannot be done piecemeal. We need to employ people, provide training and rent premises, and we need a strategy that can be followed over a five, 10 or even 15-year period. A voluntary levy does not provide such a platform. There is no continuity or security.
This offer is an attempted pay-off—a bribe—to appease the conscience of the gambling industry, and it takes the heat off. I fear it also allows the UK Government to absolve themselves of their responsibility. It leaves the commissioning of services to organisations favoured by the Gambling Commission, which is funded by the gambling industry. That is not a good model for commissioning harm-reduction services, or education and research. Will the Minister review the role of the Gambling Commission and its funding model to make sure it is effectively regulating gambling companies, including by legislating, if necessary, to ensure that responsible working practices are in place?
The draft statement says:
“I have met users who have lost more than the UK’s annual average salary on credit cards during one night of gambling online.”
Are we going to address gambling on credit cards? I see no word on that. It mentions fixed odds betting terminals, for which the maximum stake was set at £2, but let us not forget that the gambling industry was dragged kicking and screaming to the table on that particular one. I hope the same will not be said about harm reduction in years to come.
The hon. Gentleman started his comments with the mandatory levy. He is right, of course, that it will take time to do this. If someone is interested in how quickly they can do things, the sooner they start, the sooner they finish. All of that is true. I said it would take at least a year; it may in fact take nearer to 18 months because any of these changes will need to begin at the start of a tax year.
A mandatory levy would deliver a return of 1% of gross gambling yield. What is being put forward today—except by only five companies, but that represents about half of the commercial gambling industry—is exactly for that: 1% of gross gambling yield. We would not derive any more income from a mandatory levy than we will from this process, but via this process we will derive it more quickly, and that is a real advantage for the problem gamblers whom I know he and I are both very concerned to help.
I do not accept that this is a piecemeal commitment. It is a four-year commitment, which we—all of us; not just the Government—will have the opportunity to monitor. If it is not being met in the way we all expect, we can and will take further action.
The hon. Gentleman is right that the Gambling Commission receives its funding from the industry; that is generally the case with regulators. If we had a mandatory levy, it would still fund the same activities. However, I believe the Gambling Commission is the right body, as the regulator, to be able to give us the assurance, which the Opposition spokesman properly raised, that the money is being spent on the right things, not simply ploughed back into the activities of the five companies.
The hon. Gentleman knows I take the view that there is more to do in relation to gambling on credit. He knows, too, that the Gambling Commission is in the process of looking at this in detail. I want to see what it concludes, but I believe a lot more can be done on gambling on credit to make sure that those who are particularly vulnerable do not find themselves more vulnerable by gambling on credit.
The Opposition spokesman mentioned an estimate of 55,000 children addicted to gambling. Do the Government accept that this terrifically large figure is accurate? If so, what proportion of it is a result of the advent of online gambling and what age verification measures are in place to supply at least part of the solution?
My right hon. Friend makes a very good point. It is difficult to be precise about the number of young people in particular who have problems with gambling, as my right hon. Friend will recognise, but it is a fair assumption that online gambling contributes significantly to that problem. As a result, we have already seen improvements in identification and age verification. We need to see further improvements to make sure that the trend decreases.
I have been contacted by the family of a constituent who is addicted to online gambling and is trying to recover. There are some measures, to which the Secretary of State referred, to prevent online gambling, such as the website GamStop, which allows users to put controls in place to restrict their gambling activity. However, it is not compulsory for betting companies to sign up for this, and it is far too easy to bypass the current controls. Will the Secretary of State look at making GamStop mandatory, and will he support tougher controls?
We will certainly look at what more we can do. The five companies we have talked about are signed up to GamStop, and it is important that more accept this as a useful mechanism to help those with problem gambling. It is also right that we look at banks to make sure mechanisms are in place to allow the people who choose to do so to indicate to their bank that they do not wish to spend money in these areas. We have already seen banks such as Monzo and particularly Barclays, which is a large bank, doing exactly this. Other banks are now looking at it, at our urging, because it is important that we have additional safeguards in place.
While I understand the arguments made by the hon. Member for West Bromwich East (Tom Watson) and sympathise with many of them because they are in the spirit of my ten-minute rule Bill, I cautiously welcome the Secretary of State’s statement, because I believe it will deliver money to start proper independent research and analysis of what can and should be done to protect the vulnerable.
With caveats, may I ask my right hon. and learned Friend to confirm: first, when will the voluntary levy start happening; secondly, can it be front-loaded, so that there is a pool of money to do the research as soon as possible; thirdly, who will determine who does the research; and, fourthly, how will those who have not yet volunteered be implored to join the party and to contribute a voluntary levy? Lastly, and slightly separately, what progress has been made on a ban on all gambling adverts during live sports?
Perhaps I may start at the end. My hon. Friend will know that in a few weeks—on 1 August—we expect to see instituted a ban on advertising during the currency of live sporting events before the watershed. Progress is being made, and we are pleased to see it.
I thank and pay tribute to my hon. Friend for the considerable pressure he has continued to apply to the industry. As I mentioned earlier, I believe the credit for this announcement goes not just to those making it, but to the many Members of this House on both sides who have applied consistent pressure on the gambling industry.
My hon. Friend asks when the voluntary levy will begin. As I indicated, one of the advantages of this approach in comparison with that of a mandatory levy is that we will start to see the fruits of it very shortly. By the end of this year, we expect to see additional funding coming through for the targets we wish to see addressed.
Secondly, my hon. Friend asks about front-loading. Of course, we want those who are going to be able to use this money to be able to set the parameters for how it should be used, so we must make sure that demand is met. At the moment, it is not likely that those who would be spending this money could spend £60 million a year. However, we of course want the industry to be receptive to requests for money as and when they are made, and it has indicated that it will be, so we must make sure we meet demand as it grows.
Thirdly, in relation to research funding and who will decide where it should go, as I have indicated, it will be for the industry to propose where this money should be spent, but it can be spent only in areas where the Gambling Commission and indeed others believe it is appropriate expenditure.
Last Friday, the inquest opened into the death of my constituent Jack Ritchie and I spoke to his parents shortly before the statement. He is one of too many young men who have taken their lives as a result of gambling addiction.
The BBC reports that a gambling industry spokesman has said that the welcome but modest—let us admit that it is modest—action today is to protect it from further, tougher action from us such as that on the tobacco industry. The gambling industry is right to draw the comparison with tobacco because it makes billions by creating misery and taking lives. Does the Secretary of State therefore agree that we need to go further? That would include banking the concession on the voluntary levy, but preparing now for a mandatory levy; effective, independent regulation of gambling products; and moving towards the comprehensive ban on advertising and sponsorship that applied to tobacco?
I am grateful to the hon. Gentleman. As he may know, I have met Jack Ritchie’s mother, and I am grateful to her, too, for the considerable work she has done with immense dignity and courage in this field. I reiterate that the credit for the changes is to be shared widely. It is not simply for those in the House to take; it is for many beyond it, and Jack Ritchie’s parents are foremost among them.
The hon. Gentleman’s points are fair. I will not comment on what people may have said to the BBC. We must stick to the facts of the proposals and what they really mean, which is that we will recover from those five companies—as I have said, they comprise about half the commercial gambling industry— at least the same amount of money as we would if we had a mandatory gambling levy. There are questions about how we can be sure that the money finds its way to the right targets. We have sensibly dealt with those this afternoon and we will need to keep our attention on them. However, the amounts involved are similar if not identical to those that a mandatory levy would recover.
The proposals do not protect the industry from tougher action, and we will need to pursue matters further in a variety of ways—through advertising and other protections. We are not insulating anybody from further action on gambling. The Government will continue to do what we believe it is responsible to do to protect those who are vulnerable. However, it is fair to accept that the proposals are a significant step in the right direction and will produce a significant step up in the funding that gets to those who most need it, whose lives have been damaged by problem gambling and who require help now. The change will help us to deliver that assistance.
I thank the Secretary of State for the statement and the progress that he and the Department have made on this urgent problem, which blights the lives of many people in my constituency. Will he explain the steps that he is taking to ensure that the rules around online gambling keep pace with those for offline gambling?
Yes. My hon. Friend is right that we all need to address the increasing prevalence of online gambling in the mix. She will know that the Department is currently concerned with a variety of so-called online harms, which we are trying to address more successfully than has been done thus far. However, one of the advantages of online gambling is that those companies know more about their clients because it is account-based gambling. Our expectations of them should therefore be higher, and they are.
It is right that the gambling industry fulfils its responsibilities in tackling addiction, so today’s news is welcome, but I agree with my hon. Friend the Member for West Bromwich East (Tom Watson) that much more needs to be done.
Will the Secretary of State acknowledge the unique position of horse-racing and its relationship with gambling in terms of the levy, sponsorship and live advertising? Does he also agree that millions of people like me enjoy a flutter on the gee-gees, a bet on the football and a visit to the casino or arcade without any difficulties, as an enjoyable pastime?
The hon. Gentleman is right. It is important to recognise that not all gamblers are problem gamblers and that we must focus our attention on those who are in difficulty. It is also right to recognise that, as I said at the outset, we want the industry to be successful. However, we also want it to be responsible, and I believe that the changes will lead to greater responsibility.
The hon. Gentleman is also right to focus on horse-racing. I know that he is a huge supporter of the industry and does a great deal in this place to raise awareness, which he has done again today. He will recognise that the Government have introduced several measures, including last year’s changes to the levy itself, which brought in substantially more income—about £45 million more. We want to ensure that gambling can continue for those who enjoy it and do it responsibly and that companies take full responsibility for ensuring that any problems are properly addressed.
I welcome today’s announcement, which will lead to the biggest injection ever of funds to help with the treatment of problem gambling. I also welcome the commitment to take further action if required. Will the Secretary of State comment further on how we can use data to help solve the problem of gambling, particularly working with banks, credit card companies and the online sites, perhaps providing for the voluntary allowing of the use of data when people sign up to them?
My hon. Friend is right that we are in danger of missing some of the other important aspects of what has been proposed today. One of the proposals is that companies should share between themselves, with the consent of the individual gambler, information on any warning signs about problem gambling so that action can be taken by any provider of gambling services to which a problem gambler turns after starting with a different operator. It is important that that data is made use of so that people can be helped as soon as they arrive at the second gambling operator. If we can get consent to share that data, that will be a significant step forward.
First, I associate myself with the Secretary of State’s remarks about the Lionesses. I have enjoyed their performances, with the obvious and I am sure understandable exception of the Scotland match.
I give the statement a small welcome. It goes some way towards addressing the problem, but not nearly far enough, and Liberal Democrats will continue to argue for a compulsory levy. Gambling addiction is a public health problem, with clear links to mental health issues, and it needs a public health response first. The real cuts in public health under the Government are estimated to be between £700 million and £1 billion. Does the Secretary of State believe that today’s commitment will somehow help reverse the damage done by the Government?
First, I acknowledge the hon. Lady’s gracious comments about the Lionesses. I appreciate that she would not have enjoyed their first match, but I hope that she enjoyed the subsequent matches much more.
The hon. Lady is right that we are considering a public health problem. As I said a moment ago, the Government are approaching it as such, and further action will be taken in the NHS plans to deal with problem gambling, for both adults and children. She is also right about the significant overlap with mental health problems, which of course we need to address in parallel. The money we are discussing is to enhance and add to that provision, not to replace it. It is important to say that. It is £100 million that will be diverted to treatment over four years and I hope that it will add considerably to what can be done for people who suffer from those serious problems.
I invite the Secretary of State to consider a mandatory levy from a slightly different point of view. In the statement, he rightly said that the five companies represent half the British commercial gambling industry. Would it not be fairer, under a mandatory levy, to spread that contribution across the whole industry, bringing everyone on board sooner rather than later, rather than expecting those five to pick up the bill for others, including overseas companies?
The point is that those companies are taking the action voluntarily. I welcome that positive step forward. However, no one in the House has said that that lets anybody else off the hook—quite the reverse: it demonstrates that if those five companies can do it, so can others. It is important that all others across the industry look carefully at the proposals and that we hold them to account for producing a similar commitment. If they are unwilling to do so, I have made it clear that we do not put away the prospect of further action.
The growing nightmare of online gambling, which is destroying lives and families, has been successfully halted in places across the world, in Germany and elsewhere, by simply banning it in law. May I suggest to the Secretary of State that the problem of online gambling could be solved at a stroke simply by making all gambling cash only?
I think there is a different set of questions in relation to online gambling as an entire concept and gambling on credit. As the hon. Gentleman has heard me say, there is more we can look at specifically in relation to gambling on credit. I think we have to accept that the industry, like all others, is changing. As we live more of our lives online, people wish to exercise their leisure activities more online. I do not think it would be right to suggest that we should prohibit people entirely from gambling online if that is what they wish to do. As has been observed, most gamblers are responsible and able to gamble in a way that does not put them in difficulty. However, for those who do not have that capacity and do get into difficulty, we need to offer help. That help needs to be funded by the industry. That is what is being proposed here. For the rest of the industry that is not prepared to make the same commitment, we need to take further action.
The gambling industry is one that disproportionately preys on communities with the least disposable income and least able to afford the social harms caused. Glasgow, which is home to 26% of Scotland’s most deprived communities, has the highest per capita density of betting shops of any part of the UK outside London. Indeed, there are 2,588 people per betting shop in Glasgow, compared to the richest council area in Scotland where there are 12,000 people per betting shop. There is a clear statistically significant correlation with the impact that is having on poorer communities. In Glasgow, the social harms of gambling addiction alone are estimated to be £35 million a year. That accounts for half the revenue proposed to be generated from the levy. It is certainly inadequate to deal with the extent of the social harm caused. What will the Secretary of State do to redress the £35 million loss and social harm to the city of Glasgow?
The Government need to do a number of things, and I indicated that there are actions we need to take in relation to the health service, but I believe that a substantial amount of the responsibility lies with the gambling industry itself. Again, I stress that this is a very considerable increase in the funding that is being offered. The £100 million is what is specified over those four years for treatment, but the general commitment is to 1% of gross gambling yield—exactly the same commitment that is asked for by those who argue for a mandatory levy. This is an acceptance by the industry that it bears a share of responsibility. I hope the hon. Gentleman will not get the sense from anything I have said that the Government intend to let up the pressure. We do not.
The online gambling problem is significant, but betting shops present a problem on the high street. Will any of the levy go to help local authorities to tidy up the high street not just physically but in terms of crimes committed in the vicinity, such as drug dealing and violent acts, which do break out a lot around betting shops?
The hon. Lady is right to draw attention to the wider issues that occur. She will recognise that the commitment being made here and the conversation around the mandatory levy relates specifically to research, education and treatment. It is focused on those who are already problem gamblers and who need assistance in the treatment sense and in a research sense more broadly. We expect all partners—there are many—to work together to deal with some of the social problems she has identified. I take the view that the gambling industry is one of those partners.
I, too, give a cautious welcome to the Secretary of State’s statement. It is good news, as everyone says, that £100 million over four years has been pledged by gambling firms. However, does the Minister believe that that is not enough? Does he agree that the best way of dealing with this is not through a voluntary levy based on the least that can be gotten away with, but, rather, additional tax legislation on every gambling firm—those that have committed and those that have not—to help offset the cost to the NHS of dealing with gambling addiction?
The hon. Gentleman notes that the £100 million is specifically in relation to treatment, but more money is being pledged than that. He is right to draw attention to tax. As he will know, tax measures are already in place to derive revenue from the gambling industry. They raise about £3 billion a year at the moment and it is open to any Government to reconsider the tax regime if they think it appropriate to do so. At the moment, however, I believe we should approach this with an open mind. We should seek to ensure that not just these five companies make the contributions they are offering but that the rest of the industry does so too, so we can funnel that money to where it is most needed.
(5 years, 9 months ago)
Written StatementsI wish to make a statement on media matters.
The Times/The Sunday Times application to vary 1981 conditions
On 10 January 2019, News UK submitted an application to vary certain conditions put in place in 1981 by the then Secretary of State for Trade. The proposed changes would allow The Times and The Sunday Times to share journalistic resources, subject to the agreement of each newspaper’s editor.
Having considered this application (using my quasi-judicial power as Secretary of State as set out in the Enterprise Act 2002) alongside the representations made to the invitation to comment published on 17 January 2019, I concluded that there had been a material change in circumstances since 1981 that would justify the variation as the effect of the proposed changes did not, in my view, materially impact on the public interest considerations as set out in section 58 of the Enterprise Act 2002.
In my written statement to the House on 11 April 2019, I announced that I was minded to accept News UK’s application to vary the 1981 undertakings. However, in considering the proposed new undertakings as a whole, I also noted that the existing governance arrangements lacked clarity and certainty over roles and responsibilities. Before agreeing the application, I therefore made it clear to News UK that their proposals needed to be suitably updated and enhanced to reflect corporate best practice.
I asked officials at the Department for Digital, Culture, Media and Sport (DCMS) to take forward discussions on these issues with News UK in order to consider proposals from News UK which would address my concerns. Following the conclusions of these discussions, News UK have submitted revised undertakings which, in my assessment, represent a sufficient improvement on those contained in the original proposal and which substantially meet my concerns. I therefore propose to accept the revised News UK undertakings.
Before doing so, and in line with the Enterprise Act 2002, I have today published a consultation notice on the Government website seeking representations on the proposed undertakings. I have also published the revisions to the Times Newspaper Holdings Limited articles of association, which give effect to the agreed changes.
Views are sought on the revised News UK undertakings and the supporting documents by 10 am on Monday 15 July 2019. Responses should be sent to media-mergers@culture.gov.uk or to the DCMS media team, Department for Culture, Media and Sport, 100 Parliament Street, London, SW1 2BQ.
I will consider any representations received on the revised undertakings before this deadline, and will consider whether any further modifications are required in light of them, or if the undertakings are now sufficient. I will keep the House informed of further developments with this matter.
Acquisition of 30% shareholder stake in the Evening Standard.
On 13 June I instructed my officials to write to Lebedev Holdings Limited (LHL) and Independent Digital News and Media Limited (IDNM), the owners of The Evening Standard and The Independent, to inform them that I was “minded to” issue a public interest intervention notice (PIIN). I can confirm today that I am issuing the PIIN.
This relates to concerns I have that there may be public interest considerations—as set out in section 58 of the Enterprise Act 2002—that are relevant to the recent acquisition of a 30% stake by the International Media Company (IMC) in LHL and the linked transaction involving the acquisition of a 30% stake by Scalable LP in IDNM and that these concerns warrant further investigation.
I invited the parties to submit representations to me, which they have done. I acknowledge the points they have raised about the structure of the transactions and the turnover of the companies. Nonetheless, I still consider that there are reasonable grounds to suspect that a relevant merger situation has been created. I have also noted what they have told me about protections for editorial independence, including the provisions in their shareholding agreement. However, I continue to believe that it may be the case that the public interest considerations of freedom of expression and accurate news reporting are relevant to this merger. I thus consider it appropriate for me to intervene in this matter.
At this stage, my decision to issue the PIIN triggers the requirement for the Competition and Markets Authority (CMA) to report to me on jurisdictional and competition matters, and for Ofcom to report on the media public interest considerations in section 58 of the Enterprise Act 2002: (2A). The need for (a) accurate presentation of news; and (b) free expression of opinion. I have asked both the CMA and Ofcom to report back to me by 23 August 2019.
My role as the Secretary of State in this process is quasi-judicial and procedures are in place to ensure that I act independently and follow a process which is scrupulously fair, transparent and impartial.
I will update the House once I have received both reports from the regulators and have had time to consider the recommendations.
[HCWS1677]
(5 years, 9 months ago)
Commons ChamberWith permission, Mr Speaker, I would like to make a statement. As the House knows, the Government announced that age verification for online pornography, under the Digital Economy Act 2017, would come into force on 15 July 2019. It has come to my attention in recent days that an important notification process was not undertaken for an element of this policy, and I regret to say that that will delay the commencement date. I wanted to take the opportunity to come to the House as soon as possible to apologise for the mistake that has been made and to explain its implications.
In autumn last year, we laid three instruments before the House for approval. One of them—the guidance on age verification arrangements—sets out standards that companies need to comply with. That should have been notified to the European Commission, in line with the technical standards and regulations directive, and it was not. Upon learning of that administrative oversight, I instructed my Department to notify this guidance to the EU and re-lay the guidance in Parliament as soon as possible. However, I expect that that will result in a delay in the region of six months.
As the House would expect, I want to understand how this occurred. I have therefore instructed my Department’s permanent secretary to conduct a thorough investigation. That investigation will have external elements to ensure that all necessary lessons are learned. Mechanisms will also be put in place to ensure that this cannot happen again. In the meantime, there is nothing to stop responsible providers of online pornography implementing age verification mechanisms on a voluntary basis, and I hope and expect that many will do so.
The House will also know that there are a number of other ways in which the Government are pursuing our objective of keeping young people safer online. The online harms White Paper sets out our plans for world-leading legislation to make the UK the safest place in the world to be online. Alongside the White Paper, we published the social media code of practice under the Digital Economy Act 2017, which gives guidance to providers of social media platforms on appropriate actions that they should take to prevent bullying, insulting, intimidating and humiliating behaviours on their sites. We will also publish interim codes of practice detailing the steps that we expect companies to take to tackle terrorist content, and online child sexual abuse and exploitation. These will pave the way for the new regulatory requirements.
We set out in the White Paper our expectation that companies should protect children from inappropriate content, and we will produce a draft code of practice on child online safety to set clear standards for companies to keep children safe online, ahead of the new regulatory framework. During the consultation on the White Paper, technical challenges associated with identifying the specific ages of users were raised, so I have commissioned new guidance, to be published in the autumn, about the use of technology to ensure that children are protected from inappropriate content online.
The new regulatory framework for online harms that was announced in the White Paper will be introduced as soon as possible, because it will make a significant difference to the action taken by companies to keep children safe online. I intend to publish the Government response to the consultation by the end of the year, and to introduce legislation as soon as parliamentary time allows after that.
I recognise that many Members of the House and many people beyond it have campaigned passionately for age verification to come into force as soon as possible to ensure that children are protected from pornographic material they should not see. I apologise to them all for the fact that a mistake has been made that means these measures will not be brought into force as soon as they and I would like. However, there are also those who do not want these measures to be brought in at all, so let me make it clear that my statement is an apology for delay, not a change of policy or a lessening of this Government’s determination to bring these changes about. Age verification for online pornography needs to happen. I believe that it is the clear will of the House and those we represent that it should happen, and that it is in the clear interests of our children that it must.
I thank the Secretary of State for advance sight of his statement and the sincerity with which he has made this apology today. However, the statement is proof that a serious and important policy has descended into an utter shambles under this Government. I would like to ask the Secretary of State one question that he did not answer in his statement: when did he find out about this? He says that it was in the last few days, but could he be a bit clearer about that?
Age verification was supposed to be introduced last April; it was delayed. Then it was going to be introduced next month, and today we hear it is going to be delayed again. The Secretary of State says he regrets this. We do too, very much, because it is not good enough—it is not acceptable and it is letting children down. Recent reports showed that 70% of eight to 17-year-olds have seen images and videos that are not suitable for their age in the past year. Given the rise in the use of mobile devices and tablets in the past decade, the case for appropriate online pornography enforcement has increased.
The Secretary of State says that an administrative error caused the failure to notify the European Commission of key details, but are there more fundamental problems with this policy? Can the Secretary of State give us a commitment about exactly when it will be introduced? Indeed, is he confident that it will ever be introduced? When the legislation was going through this place, Labour raised serious concerns about whether the verification process was viable, and whether the process could work if very personal data was given over to commercial pornography sites. This delay shows we were right to be concerned. Is he confident that such extremely sensitive personal data will be safe from leaks or hacks?
Media reports from earlier this year showed serious flaws in the system, with journalists able to create fake profiles that circumvented age checks in minutes. Is the Secretary of State sure that when—if—the policy is finally introduced, it will actually work? The ultimate sanction under the age verification regime was the power to block rogue sites, with internet service providers compelled to comply, but new encrypted browser software is about to undermine this system fundamentally. The encryption will mean that ISPs are blind to the sites that users visit on the internet, and they will be unable to block rogue sites that compromise the safety of children. That system—DNS over HTTPS—undermines not only the age verification system, but the entire foundations of the regulation laid out by the Government in the online harms White Paper. Does the Secretary of State agree that online companies are outsmarting the Government, and that we urgently need to know how the Government plan to catch up?
I thank the hon. Lady for her remarks. As she knows, I have spoken to the shadow Secretary of State about this issue—I accept that he cannot be here today and I am grateful to her for stepping in.
The hon. Lady raised a number of issues, starting with when I discovered the error. The answer to that is Friday last week, and my hon. Friend the Minister for Digital and the Creative Industries found out a couple of days before that. As the House would expect, we have spent the intervening time seeking to confirm that there is no alternative way of doing what I have described. We do not believe there is, hence the course of actions that I have set out to the House.
The hon. Lady rightly asked about personal data and privacy, which is an area of concern. As she knows, it was discussed during the passage of the Digital Economy Act 2017 and subsequently. I do not believe that it is impossible to reconcile the important requirement that people’s data and privacy are protected with the equally important requirement that children are protected from material they should not see. It is perfectly feasible to do those two things in parallel, which is what we seek through our approach. As she knows, the British Board of Film Classification, which will be the regulator for this, has taken steps to ensure that beyond the requirement on all relevant companies under the general data protection regulation parameters, an additional scheme will be available to those who wish to take advantage of it. That scheme will set out a higher gold standard for privacy, which we believe should be publicised to those who may wish to use these services.
The hon. Lady mentioned sanctions, but she will recognise that the issue under discussion is not sanctions for a breach of the requirements, but notification of them to the European Union. It is important to understand changes in technology and the additional challenges they throw up, and she is right to say that the so-called “D over H” changes will present additional challenges. We are working through those now and speaking to the browsers, which is where we must focus our attention. As the hon. Lady rightly says, the use of these protocols will make it more difficult, if not impossible, for ISPs to do what we ask, but it is possible for browsers to do that. We are therefore talking to browsers about how that might practically be done, and the Minister and I will continue those conversations to ensure that these provisions can continue to be effective.
Is my right hon. and learned Friend aware that this is not the first time that a DCMS measure has had to be reintroduced because of a failure to notify the EU Commission? I hope that that problem will soon be removed, but while it exists, will he use this extra time to ensure that we get the measure right? There are still concerns on the grounds of freedom of speech and privacy, and about the ease with which measures can be circumvented through the use of virtual private networks. Will he raise similar concerns with the Information Commissioner to ensure that the age appropriate design code is right? It is much more important that it is properly designed than that it is rushed into place.
I suspect that my right hon. Friend knows from experience that this is not the first time that such a thing has happened, but I am doing my level best to ensure it is the last. It is important that we have new mechanisms to ensure that such oversights are not repeated, and that is exactly what I am doing at the moment. He is correct that we should use the time we now have to get this right and to work through some of the additional challenges that I described a moment ago—we will do that. It is important that we understand these technological changes and, if I may say so, that validates our approach in the online harms White Paper, which was not to be prescriptive about technology, but to ensure that we adapt our systems as technology moves. We will seek to do the same on this point.
My right hon. Friend mentioned the age appropriate design code which, as he rightly says, is produced by the Information Commissioner, not the Government. He is right that it is important that we do not to rush this and that the Information Commissioner takes full account of the responses to the consultation. Having spoken to the Information Commissioner, I know that she will take full account of all the comments before taking the matter any further.
I agree with the Secretary of State that age verification needs to happen. The delay announced today is one thing, but the delays actually stretch back to April. This latest delay does not inspire confidence, which is extremely serious, given that this is about protecting children from harmful content. Another six-month delay is not acceptable. Can he guarantee that there will be no further slippage in the implementation of age verification? Does he agree that robust age verification must apply to social media companies, which may operate around the fringes of the law? Can he reassure us that he will do all that he can to prevent those who are unwilling to provide age verification from accessing pornography and other inappropriate material posted on a social media platform? Does he agree that that needs to be dealt with robustly as a matter of huge concern, as further delays will start to look like a lack of commitment on the Government’s part?
I can reassure the hon. Lady that there is no lack of commitment on the Government’s part, as I hope she would expect. When we discovered that the mistake had been made and realised there was no way to avoid its consequences, the right thing to do was to come and say so to the House of Commons, to apologise not just to the House but, as I said, to those beyond it who have campaigned on this matter, and to set out what we now believe needs to be done.
We will of course do everything we can to ensure there is no further slippage. Both my hon. Friend the Minister and I will spend a good deal of time making sure that we have the necessary measures in place to ensure that such mistakes do not happen again.
The hon. Lady is right to say that social media companies have a responsibility. She will know that in our White Paper on so-called online harms, one area of focus was making sure that young people are not exposed to material to which they should not be exposed. We believe that the duty of care that the White Paper will institute should apply to social media companies across the board. They should be responsible for making sure, where they reasonably can, that harms do not reach their users. Through that process, we expect to develop a regulatory framework that will make that happen. I do not believe that online companies should wait for the regulator to be in place before they change their behaviour, and a sensible company will not do so. When the regulator starts work, it will want to be persuaded not just that an online company is doing the right thing on the day of the beginning of that work, but that it has been doing so for some time.
I very much hope that that will make a difference—I believe it will. The hon. Lady has my commitment that we will continue to work on a whole range of measures to ensure that young people are as safe online as they can be.
I commend the Secretary of State for being so open and frank about this administrative mistake; if I may say so, that is absolutely the right approach. However, as has already been acknowledged, this is not the first time that such a thing has happened. I understand that measures are being put in place to ensure that it does not happen again, but when will that happen so that we can be confident that the Department is operating as it should?
We will conduct that exercise as quickly as we can. As I indicated in my statement, it is important that there is an external element in the process so that people outside the Department can look at what has happened and give us appropriate advice on how that can be avoided in the future. I also think that we will need to look at the mechanisms that are applied to ensure that such an administrative error cannot be made again.
It is worth my saying that it is an important convention of this House—I know, Mr Speaker, that you resolutely defend it—that Ministers should take responsibility for mistakes made by their Department. I am not here to talk about an error of a particular official; I am here to talk about a departmental mistake for which I take responsibility as Secretary of State. It is only right, too, that I reinforce the commitment and dedication of my Department’s civil servants to keeping young people safe online. The measures that we have taken over the past 12 months have represented significant steps forward, and I am grateful to my Department for having achieved that. I do not in any way defend this mistake, but I think it would be wrong to give the impression that the hard-working civil servants of the Department for Digital, Culture, Media and Sport are not doing everything that they can to keep young people safe online.
The Secretary of State is a very honourable man, and it is commendable that he has come to speak to the House today, but many people will be very disappointed by this delay. He said in his statement that he expected this to
“result in a delay in the region of six months”,
but often in this place we are able to expedite matters when they are urgent. Is there no opportunity to speed things up, rather than our having to wait for six months?
I am grateful to the hon. Lady for what she says, and she asks a fair question. One reason why I did not come to the House before now was that I sought to explore exactly what we might be able to do either to avoid this delay altogether or to minimise it. Perhaps it would help if I explained why I think that six months is roughly the appropriate time. Let me set out what has to happen now: we need to go back to the European Commission, and the rules under the relevant directive say that there must be a three-month standstill period after we have properly notified the regulations to the Commission. If it wishes to look into this in more detail—I hope that it will not—there could be a further month of standstill before we can take matters further, so that is four months. We will then need to re-lay the regulations before the House. As she knows, under the negative procedure, which is what these will be subject to, there is a period during which they can be prayed against, which accounts for roughly another 40 days. If we add all that together, we come to roughly six months. As she will recognise, if we could proceed quicker than that, we would, but I do not believe that that will be feasible, so it is right that I am realistic at this stage.
The Secretary of State has made a sincere and frank statement to the House about the reasons for the delay, and I appreciate that this is a change of timescale, not policy. I understand that the technology to enable the changes required by this policy already exists and could be implemented. Will he therefore comment on whether the stakeholders responsible for this—the key internet players—are co-operating on the right scale and at the right speed? We know that they can co-operate, but are they doing so?
My hon. Friend makes a fair point. It is important that we have the necessary co-operation. Of course, that will need to come with the regulator, the BBFC, and those discussions are continuing, as he would expect. I have been clear that the reason for the delay is an administrative error—it is not anything else. We expect compliance by the companies that provide online pornography and, as I say, I see no reason why, in most cases, they cannot begin to comply voluntarily. They had expected to be compelled to do this from 15 July, so they should be in a position to comply. There seems to be no reason why they should not, but we do not rely on voluntary compliance and we will therefore pursue—somewhat later than we hoped—the regulations that I have described.
I welcome the Secretary of State’s statement and his honesty. The protection of our children is paramount for everyone in the Chamber. Does he agree that typing in a year of birth is not an acceptable form of security to protect children’s innocence? Parents, including my constituents, demand that there must be greater verification. What does his Department believe can be done to enhance the verification process?
I know the hon. Gentleman’s long-standing commitment to and interest in this issue. He is right that we should not accept that someone simply ticking a box or saying, “I am 18,” is sufficient for the companies concerned. The regulations that we have laid once, and will now re-lay, make it clear that from the point of view of the BBFC, as the regulator, that will not be an acceptable way of complying with the regulations. Companies will need to do more than that. There will need to be a way of demonstrating that someone is over 18 before they have access to this material so that companies can be sure of that fact, with us as legislators being sure that we are taking every measure that we can to keep young people away from material that will be harmful to them.
It is vital that our legislation is fit for purpose in a digital age, and it is very unfortunate that age verification for online porn is being delayed. I join my neighbour, my right hon. Friend the Member for Maldon (Mr Whittingdale), in calling for us to ensure that this time is used well. I urge the Secretary of State to keep up a relentless focus on making sure that children are safe online, particularly regarding content on social media sites—especially inappropriate content on Twitter—and action on online harassment and bullying. Fundamentally, if a teenage girl walks down the street and some male in a mac flashes his pieces at her, that is illegal. It should not be legal to send that teenage girl a photo via AirDrop in a public place.
I entirely understand my hon. Friend’s point. She is right: the principle that what is unlawful offline should be unlawful online guides much of the legislative activity in which we have engaged. As she says, we must maintain our focus on keeping young people—indeed, people of all ages—safe from online harms. As she knows, in parallel with these regulations, we will pursue the course set out in the White Paper.
We believe that the White Paper, along with the social media code of practice—which, as I mentioned earlier, has been published in conjunction with it—will start to drive these improvements, but the era of self-regulation has come to an end. It is important for the Government and legislators in the House to take seriously their responsibilities to keep people safe online, so that we know that social media companies will be more responsible in the future.