Oral Answers to Questions

John Whittingdale Excerpts
Thursday 18th March 2021

(3 years, 8 months ago)

Commons Chamber
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Daniel Zeichner Portrait Daniel Zeichner (Cambridge) (Lab)
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What steps the Government is taking to ensure the free flow of data to and from the EU.

John Whittingdale Portrait The Minister for Media and Data (Mr John Whittingdale)
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Under UK law, personal data can currently flow freely from the UK to the EU. The trade agreement also ensures the continued temporary free flow of personal data from the EU to the UK until adequacy decisions are adopted. The European Commission published positive draft adequacy decisions on 19 February and we expect the EU to complete the technical approval process soon.

Daniel Zeichner Portrait Daniel Zeichner [V]
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We all know how important the flow of data is for UK business, but frankly the Government have handed the powers to the EU to turn our data on and off. They have turned us into supplicants, effectively. What are the contingency plans, given that relationships are frosty, should the EU use those powers?

John Whittingdale Portrait Mr Whittingdale
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As I say, the EU Commission has already provided an assessment of the UK’s data protection laws, which found us to be adequate, and there is absolutely no reason why that should not be confirmed once the processes are under way. However, we have said that it is sensible for businesses to make contingency plans by putting alternative transfer mechanisms in place, just in case there comes a point at some future date, but we expect adequacy to be granted within the timescale permitted.

David Johnston Portrait David Johnston (Wantage) (Con)
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What progress his Department has made on allocating further support to the culture and heritage sector through the Culture Recovery Fund.

--- Later in debate ---
Richard Holden Portrait Mr Richard Holden (North West Durham) (Con)
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What steps the Government are taking to ensure fair competition for the fourth national lottery licence.

John Whittingdale Portrait The Minister for Media and Data (Mr John Whittingdale)
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The national lottery is a national treasure that enhances the cultural and sporting lives of millions of people across the UK, and it has funded over £1 billion in projects supporting the response to covid-19. The Gambling Commission is running the competition for the next licence and is following best practice from across the public sector for competitions of this nature.

Lindsay Hoyle Portrait Mr Speaker
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I am not quite sure that the two are linked.

John Whittingdale Portrait Mr Whittingdale
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I am aware that my hon. Friend is a huge fan of Consett AFC, and of course he and his fellow fans are very excited about this historic match, which is due to take place in Wembley. We are working to try to get spectators back into stadiums as soon as possible. I fully understand his disappointment that it does not look as if it will be possible in time for the match, but I have no doubt that he and thousands of others will be cheering on his team from their sofas.

Alex Sobel Portrait Alex Sobel (Leeds North West) (Lab/Co-op) [V]
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I will ask a question more directly to do with the national lottery. The national lottery helps to fund many charities, cultural organisations and heritage sites, and whoever is awarded the new licence must be beyond reproach. Conservative party donor Richard Desmond—who persuaded the Prime Minister to raise the jackpot limit to benefit his own lottery and then successfully lobbied the Secretary of State for Housing, Communities and Local Government over the controversial Westferry development, saving himself £40 million, resulting in an unlawful planning decision that was followed soon after by another donation to the Conservative party—wants to run our national lottery. Does the Minister believe that Mr Desmond is a fit and proper person to do this?

John Whittingdale Portrait Mr Whittingdale
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The hon. Gentleman is right about the importance of the national lottery. Indeed, I point out that his constituency has received over £6 million in funding over the last five years. Which applicant should take on the franchise is determined by the Gambling Commission, and of course it will want to be satisfied that the successful applicant meets the highest standards of probity and integrity, but it is a matter for the Gambling Commission.

Antony Higginbotham Portrait Antony Higginbotham (Burnley) (Con)
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What steps his Department is taking to support the return of elite sport as covid-19 restrictions are eased.

National Action Plan for the Safety of Journalists

John Whittingdale Excerpts
Tuesday 9th March 2021

(3 years, 8 months ago)

Written Statements
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John Whittingdale Portrait The Minister for Media and Data (Mr John Whittingdale)
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Today, the Government will publish the UK’s first “National Action Plan for the Safety of Journalists”. This ambitious document is intended to ensure that journalists operating in the UK can do so free from abuse, violence and threats of harm. This Government are committed to a free and open media. In order to protect this, journalists must be free to carry out their vital roles free from threats and violence. Threats to journalists’ safety are not just threats to individuals—such threats lead to journalists leaving the profession, and to self-censorship of those that remain. Without action in this area, there will be less challenge to those in power, and weaker democracy. This work is critical in its own right, and it will also serve to support the ongoing work by the Government to tackle intimidation in public life. An update on this is also being published today.

The plan has been produced by members of the National Committee for Safety of Journalists, established in 2020, chaired by relevant Home Office and DCMS Ministers, and comprising representatives of police and prosecutors from across the UK, as well as publishers, broadcasters, groups representing journalists and non-governmental organisations.

It focuses on five key areas: increasing our understanding of the problem; enhancing the criminal justice system response in tackling crimes against journalists; supporting journalists and their employers to build the resources they need to protect personal safety; helping online platforms to tackle the wider issue of online abuse, and improving public recognition of the value of journalists. It makes a range of commitments from the Government, law enforcement agencies and industry. These include a plan to launch a call for evidence into the scale of the threats facing journalists, the police working with the National Council for the Training of Journalists to provide training on police operations for journalists and the provision of guidance to help journalists understand the law in this area by the Media Lawyers Association.

The committee will hold its members to account for the delivery of these commitments while the action plan and its impact will be reviewed regularly and updated if and when appropriate.

A copy of the action plan will be placed in the Libraries of both Houses.

Attachments can be viewed online at: http://www. parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2021-03-09/HCWS831/.

[HCWS831]

Covid-19: Cultural and Entertainment Sectors

John Whittingdale Excerpts
Tuesday 2nd March 2021

(3 years, 8 months ago)

Commons Chamber
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John Whittingdale Portrait The Minister for Media and Data (Mr John Whittingdale)
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It is a pleasure to respond to this important debate on behalf of the Government. As the Minister for Digital and Culture, my hon. Friend the Member for Gosport (Caroline Dinenage) said at the beginning, this has been a hugely challenging year for the entertainment and cultural sectors. Although the vast number of businesses in this country have suffered from the restrictions of lockdown, it is perhaps, as my hon. Friends the Members for Stockton South (Matt Vickers) and for North West Durham (Mr Holden) said, the entertainment and cultural sectors that have been hit among the hardest in the economy.

I would like to thank all those who have participated in the debate. We have had 55 Back-Bench speeches during the course of the debate, and I know, as you indicated, Mr Deputy Speaker, that more wanted to speak but were unable to do so. The passion shown today is a demonstration of how important culture and entertainment are not just to our economy and our heritage, but to our wellbeing as a nation. A number of speakers emphasised that by pointing out the economic contribution that the creative industries make, in particular my hon. Friends the Members for Clacton (Giles Watling), for High Peak (Robert Largan), for Bury North (James Daly) and for Bolton West (Chris Green), and my right hon. Friend the Member for Chipping Barnet (Theresa Villiers). They all pointed to the vast contribution—£116 billion—that the creative industries make, supporting 2.1 million jobs. However, they also went on to point out that the contribution is not just economic.

The cultural industries and entertainment sector are critical to the wellbeing of the nation. They bring joy to us. Although many have been unable to operate over the past year, I pay tribute to those who have sought to fill the gap, in particular the broadcasters who have done a fantastic job in keeping us entertained and keeping up the morale of the nation. However, it is not the same as being able to enjoy at first hand the cultural interactions that bring so much value to our lives. I think we all yearn to be able to walk through a museum again, to sit and watch a play or, in my case particularly, to go to the cinema and to enjoy live music. As the hon. Members for Cardiff West (Kevin Brennan) and for Perth and North Perthshire (Pete Wishart) said, live music brings an enjoyment that all of us feel is absent from our lives. I have taken particular note of the recommendation from my hon. Friend the Member for Keighley (Robbie Moore) to look up Deco and their mash-ups as soon as I am able to do so again.

A number of Members have spoken with great power about the cultural institutions in their own constituencies. We are, of course, familiar with west end theatre, which is famous throughout the world, but there are other theatres in London, including the Theatre Royal at Stratford, mentioned by the right hon. Member for Barking (Dame Margaret Hodge), and the New Wimbledon Theatre, mentioned by my hon. Friend the Member for Wimbledon (Stephen Hammond). However, as my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) said, it is not just about London. We should recognise that the cultural institutions of our country are strong right across all our nations. One of my regrets is that I was appointed to this job just three weeks before lockdown started, and I wish for the day when I can go out and visit some of the places that have been mentioned, including the opera house in Buxton, the railways of Darlington, the zoo in Dudley, the castle in Dover and even Funny Girls in Blackpool.

The best support that we can give to all these cultural institutions is an assurance that the time when they can reopen is coming. That is why the road map is so critical, as my hon. Friends the Members for Gravesham (Adam Holloway) and for Bracknell (James Sunderland) pointed out. We now have a clear plan, which is irreversible. We have a certainty that we can give as to when these institutions can start to operate again. Of course I understand that people would rather this happened sooner, but I can say to my hon. Friend the Member for Bracknell that grass-roots sport, including golf, will be able to resume from 29 March. The reason that we have been able to offer that assurance has been the success of the vaccination programme, as my hon. Friends the Members for Blackpool South (Scott Benton) and for Dudley North (Marco Longhi) pointed out, and I pay tribute to all those who have worked so hard to roll it out and continue to do so—including, indeed, my hon. Friend the Member for Dudley North, who told us that he was a volunteer in his local vaccination centre.

The worst thing that could happen to our cultural institutions would be to give them a date on which they could reopen and then have to reverse it again. We all know the huge disappointment and, indeed, cost to many who had planned to reopen. An example was Bill Kenwright’s “Love Letters”, which was due to reopen at the beginning of December but, just a few days later, London was put back into tier 3 status and it was unable to go ahead. So we need to be relatively confident about those dates.

Several hon. Members mentioned the work that the Department is doing, particularly to explore how large events can return, preferably without social distancing and restrictive capacity caps. I want to assure my hon. Friend the Member for Loughborough (Jane Hunt), my right hon. Friend the Member for Chipping Barnet and my hon. Friend the Member for Wimbledon that we have established the events research programme to look at how those large events can resume. In doing so, we are looking at the pilots that were conducted last year to consider the effectiveness of various measures to reduce the transmission risk in larger venues, including testing. Officials from my Department and from the Department of Health and Social Care are working closely to combine the existing workstreams into one overall research programme, and that programme will start with events such as Project Encore, which will hopefully set out the road map for when those larger events, which are perhaps the most challenging, can start again.

A number of my hon. Friends have recognised the huge commitment that the Government have made to the cultural sector through the £1.57 billion cultural recovery fund. I would like to thank my hon. Friends the Members for Heywood and Middleton (Chris Clarkson), for Gloucester (Richard Graham) and for North Norfolk (Duncan Baker) for recognising the strength of that commitment, and, indeed, my hon. Friend the Member for Warrington South (Andy Carter), who pointed out that, on top of the £1.57 billion, we have the £500 million film and TV production restart scheme. And of course the Government recognise the need to continue that support until these institutions can reopen once again. I cannot give details of what my right hon. Friend the Chancellor the Exchequer will announce tomorrow, although there have already been some indications that he will be giving further support to the cultural sector. As I have said, the sector has benefited and should continue to do so, and I can tell my hon. Friend the Member for Crewe and Nantwich (Dr Mullan) that that includes nightclubs and music venues, which have been eligible for support.

As many Members have recognised, our cultural and entertainment sectors are world-leading. They are a major contributor not just to the economic growth of this country but to our standing around the world. I echo the words of my hon. Friend the Member for Milton Keynes North (Ben Everitt): I am confident that when we resume, those sectors will come back even stronger.

Oral Answers to Questions

John Whittingdale Excerpts
Thursday 10th December 2020

(3 years, 11 months ago)

Commons Chamber
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Martyn Day Portrait Martyn Day (Linlithgow and East Falkirk) (SNP)
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What recent discussions he has had with Cabinet colleagues on the retention of (a) the GDPR and (b) other EU regulations on data protection after the transition period.

John Whittingdale Portrait The Minister for Media and Data (Mr John Whittingdale)
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The general data protection regulation regime will be retained in domestic law after the transition period through the European Union (Withdrawal) Act 2018. The UK remains committed to maintaining high data protection standards now and in the future.

Martyn Day Portrait Martyn Day [V]
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The EU has been a world leader when it comes to the protection of citizens’ digital rights. This is evidenced by the large number of countries, such as South Korea, Japan and Brazil, that sought to emulate its groundbreaking GDPR policy. As the end of the transition period looms, how will the UK Government ensure that digital rights law not only lives up to the EU’s high standards but exceeds them?

John Whittingdale Portrait Mr Whittingdale
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The hon. Gentleman is right to say that the GDPR has ensured that we have high standards and, as I say, we are absolutely committed to maintaining them. We have no intention of diverging substantially from GDPR, but obviously we will be looking to see whether there are ways in which we can improve our regime while maintaining those high standards.

John Nicolson Portrait John Nicolson (Ochil and South Perthshire) (SNP) [V]
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The independent Information Commissioner recently revealed that the Conservative party had racially and religiously profiled 10 million voters at the last election. I was shocked to learn that it did this by buying data that

“identified a person’s…ethnic origin and religion based on their first and last name.”

Can the Minister explain to the House why his party does this?

John Whittingdale Portrait Mr Whittingdale
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As I recall, the Information Commissioner examined the practices of all political parties and made comments against all of them. However, it did not find that any breaches of the law had occurred.

Gavin Newlands Portrait Gavin Newlands (Paisley and Renfrewshire North) (SNP)
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What recent steps his Department has taken to tackle the proliferation of (a) misinformation and (b) disinformation online.

Coronation Street: 60th Anniversary

John Whittingdale Excerpts
Wednesday 2nd December 2020

(3 years, 11 months ago)

Commons Chamber
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John Whittingdale Portrait The Minister for Media and Data (Mr John Whittingdale)
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I am not sure I can claim that title, particularly having listened to the contributions this evening. I would like to start by congratulating the hon. Member for Batley and Spen (Tracy Brabin) on obtaining the debate and managing to unite the House. Members on both sides of the House have spoken with real admiration and affection for what is undoubtedly the world’s greatest soap.

I am delighted to join others in congratulating “Coronation Street” and ITV on the 60th anniversary. At the beginning of this year, the programme transmitted its 10,000th episode, and the 60th anniversary is next week. It is the world’s longest running soap opera, and it is still the most popular. It also demonstrates the extraordinary changes that have taken place in the media landscape over those 60 years. Today, it is still bringing in the biggest audience of any soap, but that is around 7 million, whereas in the ’90s, it was regularly getting 20 million. Indeed, the departure of Hilda Ogden in the 1987 Christmas episode had an audience of 26.65 million. It is still getting something like a third of the audience share. This just shows how linear television has changed during that time, but nevertheless, “Coronation Street” has maintained its position at No.1.

I cannot claim the encyclopaedic knowledge that has been displayed by so many Members, but I, too, have twice visited the set of “Coronation Street”. As my right hon. Friend the Member for Bournemouth West (Conor Burns) said, the first time I did so was with Margaret Thatcher in January 1990, and it was indeed the case that I had to brief her on the way to the set on the characters who were stars at that time. I did indeed go through all the various storylines, and she was particularly keen to visit Alf Roberts’ corner shop, because of course her own father was Alfred Roberts, who ran the grocer’s shop in Grantham. She arrived on set and was very upset to see that Alf Roberts’ corner shop had the sign saying, “Licensed to sell alcohol”. She said that that would certainly have never been allowed in her father’s shop, as he would not have dreamt of selling alcohol. Having said that, she did then visit the Rovers Return, but she was very clear that she would have a bitter lemon from behind the bar.

Some 24 years later, I was lucky enough to visit the set again. This was organised by the redoubtable Jane Luca, of ITV, whom I suspect was responsible for the visits of most of my hon. Friends who have spoken of their own experiences. She organised for the Select Committee on Culture, Media and Sport, which I was Chair of at the time, to visit the new set. This was in 2014, after the set had been transferred to the new location in MediaCityUK in Salford. I was indeed accompanied by my right hon. Friend the Member for Bournemouth West, whose excitement at going to the new set I remember. We met a number of cast members, including Michelle Keegan and Sam Aston. One thing that struck me was that the set had been made slightly bigger so that two cars could drive down the street and pass each other, and 54,000 cobbles had been laid, with extraordinary attention to detail. Each cobble was both positioned and weathered in order that it remained absolutely authentic. My hon. Friend the Member for Warrington South (Andy Carter) referred to the extraordinary amount of ancillary occupations involved and jobs created on a major TV production—I suspect that the 54,000 cobbles employed quite a lot of people.

Over the years, “Coronation Street” has had a number of famous visitors. There is a wonderful picture of Alfred Hitchcock peering around the door of the Rovers Return, and a young Prince Charles visited. As the hon. Member for Batley and Spen and one or two others have said, many great actors started their careers in Weatherfield; as well as the hon. Lady, we have the trio of theatrical knights, Sir Ben Kingsley, Sir Ian McKellen and Sir Patrick Stewart, as well as Sarah Lancashire and Joanna Lumley. As well as the actors, screenwriters such as Jack Rosenthal and Russell T. Davies started off in “Coronation Street”, and directors such as Paul Greengrass, Mike Newell and Michael Apted all directed episodes.

A number of the speakers in this debate have referred to the willingness of “Coronation Street” to confront difficult issues, and we have heard a number of examples of that, starting with the issue of racism in the very early episodes in the 1960s. Since then, it has addressed teenage pregnancy; domestic abuse, of both males as well as females; and transgender issues. It has even covered the challenge of someone having to try to find the money to pay the TV licence and failing, with this resulting in imprisonment. I am happy to tell the hon. Lady that almost nobody now goes to prison for a failure to pay the TV licence or meet the fine. I am sorry that in her case this came at a time when that was not true.

Tracy Brabin Portrait Tracy Brabin
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It was pressure from this place that changed that law and a subsequent “Panorama” programme that unearthed all these cases of women who were sent straight to prison for non-payment. So I would like to thank the predecessors of MPs in here who saved so many women from experiencing that.

John Whittingdale Portrait Mr Whittingdale
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I am grateful to the hon. Lady for that. It has been some years since anyone was sent to prison for that and I hope it does not happen again, but it was disproportionately women who suffered.

My hon. Friend the Member for Buckingham (Greg Smith) talked about the issue of raising awareness of sepsis. It is perhaps worth observing that there cannot be another street in Britain that has experienced so many disasters and so many tragedies in such a short space of time.

Of course, most recently, the programme has had to wrestle with the challenges of covid, both in terms of production and also as a storyline. Covid stopped production of “Coronation Street” in March, but it was able to resume in June under the protocols to ensure safety. I want to pay tribute to the ITV health and safety team and to Magnus Brooke of ITV who played a very large part in helping to draw up those protocols so that not just ITV Studios productions could get going again, but all the other broadcasters and film companies could, too.

I have been chairing the broadcasting, film and production working group, which has brought together representatives of all the broadcasters, film companies and production companies to discuss how we could get production going again. We have now put in place very strict protocols to ensure that production can take place safely. As the hon. Member for Batley and Spen mentioned, we have also put in place the £500 million film and TV restart scheme. She is absolutely right that one obstacle was the difficulty in obtaining insurance of productions against the possibility of their having to stop because of covid. I am glad to say that that is in place and, as a result, productions have been resumed by most of the major broadcasters and film companies, but it has required some quite inventive solutions.

I understand that, on “Coronation Street”, furniture is quite often placed between characters in order that they can remain apart and socially distanced. Indeed, in a particularly inventive way, filming of romantic scenes takes place with one actor sitting on one end of a sofa looking longingly at a tennis ball suspended from the ceiling and then, once that section has been filmed, the other actor takes their place at the other end of the sofa and stares at a different tennis ball longingly and the production crew then splice the two together so that no one can tell. It is very important not just, obviously, that production is done safely, but that a show like “Coronation Street” gets across the public messaging about the importance of maintaining social distancing and mask wearing. “Coronation Street” had the socially distanced wedding between Maria and Gary.

I fear that it is almost certain that Weatherfield would still be in tier 3 at the end of the national lockdown, which would mean that the Rovers Return would be able to supply only a takeaway service, but I hope that it would not be long before the Rovers Return would be in tier 2, which would, of course, allow the sale of alcohol with a substantial meal such as Betty’s hotpot.

The hon. Lady also rightly referred to the importance of the UK production sector and our creative industries and the need to ensure that every region and every nation of the UK benefits from them, and we have been very keen to ensure that more production is done outside London. The BBC now has a major centre in Salford at MediaCity. ITV is now located with the “Coronation Street” set there. I have also had the pleasure of visiting the “Emmerdale” set in Leeds. ITV still has a presence in Leeds and Channel 4 has now established its headquarters in Leeds. I am absolutely clear that it is very important that we continue to encourage production to take place right across the UK, because it brings enormous economic benefits in terms of jobs and wealth creation.

The hon. Member for Batley and Spen and my hon. Friend the Member for Buckingham referred to the importance of public service broadcasting. We are living through extraordinary changes in the media landscape that have brought huge extra opportunities for viewers in the range of content available through a number of streaming services that did not even exist two or three years ago. Now we have a choice of Amazon, Apple, Disney and Netflix, as well as Sky and the public service broadcasting companies. The PSBs have a tremendous role in supporting the UK creative industries, and while some of the streaming services are now commissioning content in this country, because we are so good at it here, the PSBs nevertheless still represent the major commissioners of UK content. We have recently established the Public Service Broadcasting Advisory Panel to examine the way in which PSB needs to adapt to this new landscape, but I am absolutely clear that there is still a role for public service broadcasting, and we will be looking at the issues and challenges facing public service broadcasters, such as the issue of prominence that my hon. Friend the Member for Buckingham raised.

I would like to conclude by joining all those who have spoken in paying tribute to a show that has not only brought pleasure and entertainment to millions of people over the course of the last 60 years, not just in the UK but in many other countries around the world, but also played a vital role in raising awareness and affecting attitudes on so many important public issues. As several people have said, I look forward to at least another 60 years.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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I am not going to let the moment pass without saying a few words. This is rare and exceptional, but we are going to do it, and I am grateful to Mr Speaker for allowing me to chair this part of the Adjournment debate. Congratulations, Tracy, there is nobody more appropriate than you to have this particular debate. I have to say, as well, that I have seen many Ministers answer Adjournment debates with speeches prepared by their own Departments, but John, you wrote every word of that speech. I was looking at it, and that is your handwriting. I do not know if you could read it, but none the less it is your handwriting. You have grown up with the series, as we all have in this Chamber.

I know that Mr Speaker would have wanted, in normal circumstances, to have done a big reception at the end of this debate and had many of the stars past and present in his state rooms, but I am afraid covid has meant that that cannot be. We cannot even go into the snug in the Strangers Bar, because that is closed. None the less, I am sure that at some stage we will be able to properly mark the 60 years of “Coronation Street” in the Palace of Westminster. I know that that Chamber would have been full of some of the stars looking down before we went on to the reception.

I grew up in the 1960s watching “Coronation Street” on the huge TV we had in the corner—a small screen, but a big TV—all in black and white. I lay on the floor and listened to the haunting melody on a Monday and Wednesday. My father would close the shop early in order to watch “Coronation Street” because he loved it so much. Little did I think, watching that series, that I would be chairing a debate on “Coronation Street” in the House of Commons as Deputy Speaker.

I remember once meeting Jean Alexander, the great Hilda Ogden, and I could not get over how posh she sounded when she was not being Hilda Ogden. She was such a great actress, and that is part of the thing about “Coronation Street”: the great actors and actresses—yourself included, Tracy—who have performed in the amazing, longest running soap opera in the entire world.

In the 1960s, Bill Roache opened Swansea carnival. My mother dragged me down to the front to watch Bill in the back of an open-top car. I thought I was looking at a Hollywood actor—that is the height of the fame of people who starred in “Coronation Street” in those days. Little did I think then that I would represent the Ribble Valley, in the north-west of England, in Lancashire, or that in the village I bought a house in, Pendleton, I would be living opposite Vicky Entwistle—Janice Battersby—who is now a personal friend. I went to her wedding in Manchester, when she married Andy Chapman. Lots of stars of “Coronation Street” were there.

Bill Roache, too, has become a personal friend of mine over the years—a wonderful man. He has helped me out in a couple of general election campaigns, as he has a number of people who became MPs. Bill is the longest-serving actor in the longest-serving soap. What an amazing accolade! John, you mentioned Jane Luca, and she helped me to get on to the set of “Coronation Street” as well. We are all grateful for the fantastic facilitation that Jane has given many people over the period.

Another thing that has come out about “Coronation Street” is the humour—yes, the drama, and the fact that it treat difficult subjects, but it is one of the most humorous things on TV, more than some of the other soaps on at the moment, where you feel a bit depressed at the end. With “Coronation Street”, humour runs through the entire series, the entire 60 years of its production. For me, as far as broadcasting is concerned, you can stick your “Crowns”; I am going to stick with “Corrie”, as I have for the past 60 years, and as I am sure we all will in the future.

It is a real shame that at the end of this debate, we cannot have that haunting melody of “Coronation Street” playing, which I am sure we are all thinking about now. It is the thing that got us there to watch the show and, even at the point of highest drama, there would be silence in our living rooms as we listened to that closing melody. So thank you, “Corrie”, for everything that you have done over the past 60 years.

Question put and agreed to.

draft Data Protection Privacy and electronic communications (amendment etc.) (EU exit) regulations 2020

John Whittingdale Excerpts
Wednesday 25th November 2020

(3 years, 12 months ago)

General Committees
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None Portrait The Chair
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Before we begin, I must remind Members about the social distancing rules, as we are in a very small room. I see that Chi Onwurah has done her best, by limiting the numbers on the Opposition side to make it easier. [Interruption.] I also remind Members that if they have any speaking notes, our Hansard colleagues would like them at hochansardnotes@parliament.uk.

John Whittingdale Portrait The Minister for Media and Data (Mr John Whittingdale)
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I beg to move,

That the Cttee has considered the draft Data Protection Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2020.

It is a pleasure to serve under your chairmanship this afternoon, Mr McCabe. The statutory instrument was laid before both Houses on 14 October and is made under the European Union (Withdrawal) Act 2018. The main intention is to ensure that the UK’s data protection framework will function correctly at the end of the transition period, and that there will be no data cliff edges. I want to bring to the Committee’s attention the fact that neither the Joint Committee on Statutory Instruments nor the House of Lords Secondary Legislation Scrutiny Committee has drawn either House’s attention to the SI.

Where the transition period comes to an end, the European Union’s regulation on data protection, known as GDPR, will be retained in domestic law through the European Union (Withdrawal) Act 2018. Last year the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 were made. They made minor changes to the retained GDPR under the Data Protection Act 2018, to ensure that UK data protection law would continue to operate on exit day.

The statutory instrument before the Committee today makes limited amendments to those regulations. The majority of the changes are updates of exit day references to read “IP completion day”. The SI will also revoke some EU legislation that would have no practical effect if it were to be retained under the European Union (Withdrawal) Act 2018 at the end of the transition period.

There are a small number of other changes, which relate to the transitional provisions for international transfers of personal data. At the end of the transitional period UK organisations will be able to transfer personal data outside the UK if it is covered by an adequacy regulation, an appropriate safeguard, or an exception. Currently UK organisations can freely transfer personal data to EU and European economic area member states and to non-EEA countries for which the EU Commission has made adequacy decisions.

The regulations that I have referred to continue that position on a transitional basis. For clarity, the relevant adequacy decisions are listed. The measure before the Committee updates that list to reflect recent developments, adding the EU’s adequacy decision for Japan, and removing the reference to the adequacy decision for the US privacy shield. These amendments are not substantive, and are entirely in keeping with the original intention of the main regulations—namely, to ensure the continued free flow of personal data between the UK and third countries that have already been found to meet the requisite standards for data protection.

Binding corporate rules are an internal code of conduct operating within a multinational group, which has been approved by EU data protection regulators, to enable personal data to be transferred within the global group. The main regulations preserve pre-GDPR binding corporate rules that were previously authorised by the Information Commissioner as a valid transfer mechanism after the transition period. However, a subset of pre-GDPR binding corporate rules currently relied on by organisations with data flows in the UK may have received authorisation only from EU supervisory authorities. The SI before the Committee makes provisions that will allow UK-based group members to use such rules as a valid transfer mechanism if they obtain approval from the Information Commissioner within six months of the end of the transition period.

The main regulations also provided a legal basis for the continued free flow of personal data from the UK to the EU, falling within the scope of the law enforcement directive, otherwise known as the LED. The approach adopted in the main regulations was to transitionally deem EU member states and Gibraltar as adequate.

Since the main regulations were made, the Home Office has established that Norway, Iceland, Liechtenstein and Switzerland have also transposed the law enforcement directive into their domestic law, which enables data sharing between authorities in the UK and law enforcement agencies within these countries. In order that law enforcement co-operation and data sharing can continue as it does now, following the end of the transition period, this instrument adds these EEA states and Switzerland to the list of countries that will be treated as adequate on a transitional basis.

Finally, I turn to the revocation of the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019. In 2019, an additional SI was made to amend the main regulations to reflect the arrangements made for personal data transferred from the UK to privacy shield companies in the US. As the CJEU has invalidated the adequacy decision, the amending regulation no longer has any practical affect and, therefore, this regulation revokes that amending regulation before it comes into force.

As I have set out, these regulations address deficiencies in our data protection regime resulting from the UK’s leaving the EU at the end of the transition period. I commend the regulations to the Committee.

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John Whittingdale Portrait Mr Whittingdale
- Hansard - -

I am grateful to the hon. Lady for indicating that the Opposition do not intend to oppose the regulations and for her remarks. I am tempted to say that we should stop meeting like this, but I think we may be doing so again in further Committees.

The hon. Lady and I absolutely agree about the importance of data in fuelling economic growth and innovation. She does not like the expression “new oil” in that context, and I understand why, but I am not sure that her suggestion about people going around excreting a trail of data was much more preferable an analogy. Nevertheless, data is of increasing importance, and the Government are keen to ensure that we reap the maximum benefit from it to create an economy driven by innovation and growth, based on the free flow of data. At the same time, we absolutely recognise the importance of data protection, which is, as she said, underpinned by GDPR, a set of EU regulations.

The hon. Lady referred to the fact that we are still in negotiation with the EU Commission about adequacy. In our view, there is no reason that we should not be granted adequacy—after all, our data protection regime is one that the EU formulated—but that is a matter ultimately for the Commission to decide. Certainly, the time left before the end of the transition period is reducing and this is therefore challenging, but we are still optimistic that it can be achieved. We have indicated to business that it is sensible to put in place the mechanisms necessary to ensure that data can continue to flow from the EU to the UK should adequacy not be achieved.

I am sure the Committee would have been disappointed if the hon. Lady had not mentioned Schrems II, which we all think about a great deal. Schrems II resulted in some quite tricky decisions, not just for the UK, because we are bound by the Schrems II judgment that negated the privacy shield, but it creates equal challenges for the EU, which is something the EU is working on; the Information Commissioner’s Office is still in conversation; and we hope to find a mechanism to allow the flow of data between EU member states, the UK and the USA to continue.

The hon. Lady is right that, even if we achieve adequacy, this is an ongoing process. We would not be negotiating as hard as we are to achieve adequacy if we intended to do anything shortly afterwards that resulted in our losing it again. On the other hand, we wish to take advantage of the fact that we will be responsible for our own data protection regime, and we wish to explore ways to facilitate the flow of data between companies and to drive growth forward. That is an opportunity, since we will no longer be bound by the Court of Justice of the European Union rulings, although in terms of adequacy decisions we will need to watch developments in the EU. Should those rulings change things, there might be implications for its attitude to our adequacy.

We certainly have no intention of doing anything that results in a loss of adequacy. The national data strategy mentioned by the hon. Lady is intended to consult very widely all those who potentially have an interest in the matter—companies that use data, privacy campaigners, stakeholders and so on—to find ways in which we might improve the UK’s data regime. She referred to the Opposition’s suggestion of a digital charter. I hope she has responded to the national data strategy, as we are obviously interested in any ideas that she has.

On trade agreements, which the hon. Lady also talked about, it is true that, for instance, the UK-Japan trade agreement contains data provisions that go beyond the EU-Japan agreement, and we regard that as a considerable achievement. However, nothing in the agreement undermines the data protection regime in this country. Indeed, the agreement makes it absolutely clear that both sides are able to maintain a legal framework that provides for the protection of personal information. The trade agreement with Japan will, we hope, result in a freer flow of data between the UK and Japan, but at the same time not undermine GDPR and our existing protection.

Chi Onwurah Portrait Chi Onwurah
- Hansard - - - Excerpts

I thank the Minister for his responses and his genuinely seeking to answer my questions, which is something of an experience for me. We have an agreement with Japan, which means data will be allowed to go to Japan. Japan has an agreement with the US, so data is allowed to go to the US. That undermines our conditions on data flowing from the UK to the US if they do not meet the European Union adequacy rules. That is what I meant by a back door.

John Whittingdale Portrait Mr Whittingdale
- Hansard - -

I understand the hon. Lady’s concern, but I do not think it is justified. There is nothing forcing any company to transfer data from the UK to Japan or any other third country. We seek to remove unnecessary obstacles that impede that flow, but that does not undermine the requirements on UK-based companies to comply with the existing data protection regime. Indeed, that is spelt out clearly in the agreement. We do not believe that that is a risk, but it is something we continue to attach priority to, and we will keep it in mind for the future trade agreements that we are hopeful of striking.

I hope I am answering the points that the hon. Lady made. The point she made at the end of her remarks was about the obligations on the tech platforms, and she talked about disinformation and fake news. As she will be aware, the Secretary of State had a recent roundtable specifically to talk about the efforts made by the tech platforms to address the problem of disinformation about a potential covid vaccine. She will also know that the issue of obligations on tech platforms will be addressed through the online harms legislation that we still expect in the near future.

I hope I have answered the hon. Lady’s questions and I commend the regulations to the Committee.

Question put and agreed to.

Draft Audiovisual Media Services (Amendment) (Eu Exit) Regulations 2020

John Whittingdale Excerpts
Tuesday 17th November 2020

(4 years ago)

General Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
John Whittingdale Portrait The Minister for Media and Data (Mr John Whittingdale)
- Hansard - -

I beg to move,

That the Committee has considered the draft Audiovisual Media Services (Amendment) (EU Exit) Regulations 2020.

It is a pleasure to serve under your chairmanship, Mr Stringer, and I welcome my colleagues.

The statutory instrument, which was laid in both Houses on 15 October, is being made under the European Union (Withdrawal) Act 2018. The regulations remedy certain failures of retained EU law arising from the withdrawal of the United Kingdom from the European Union. Through the SI, we are seeking to maintain but not to expand Ofcom’s remit to regulate video-sharing platform services. It is necessary to do so to ensure that the law remains operable beyond the end of the transition period.

The EU’s audiovisual media services directive, which is known as the AVMS directive, governs the co-ordination of national legislation on audiovisual media services. The directive was initially implemented into UK law in 2010, primarily by way of amendments to existing broadcasting legislation. The directive was subsequently revised by the EU in 2018. The regulations 2020, which transpose the revised AVMS directive, were made and laid in Parliament on 30 September. Those regulations came into force on 1 November, and introduced for the first time rules for video-sharing platform services. The Government have appointed Ofcom as the regulator for those services. The new rules ensure that platforms falling within UK jurisdiction have appropriate systems and processes to protect the public, including minors, from illegal and harmful material.

Three key requirements were placed on VSPs under the AVMSD regulations 2020, namely to take appropriate measure to protect minors from content harmful to those under 18; to take appropriate measures to protect the general public from harmful and certain illegal content; and to introduce standards on advertising. I should also like to draw the Committee’s attention to the report from the Secondary Legislation Scrutiny Committee, which considered the SI. I thank it for its work.

I should like to address some of the concerns about jurisdiction before explaining how the SI links to UK policy goals. Under the revised the AVMS directive, currently each EU member state and the UK are only responsible for regulating the VSPs that fall within their respective jurisdiction. The directive sets out technical rules governing when a platform falls within a country’s jurisdiction: there should be a physical presence of a platform, or a group undertaking of the platform in the country. Where there is a physical presence in more than one country, jurisdiction is decided on the basis of factors such as whether the platform is established and whether the platform’s main economic activity is centred in that country. There will be only one country which has jurisdiction for each platform at any one time.

Through the SI we are seeking to maintain the same position for Ofcom’s remit beyond the end of the transition period. The remit allows Ofcom to regulate VSPs established in the UK and additionally regulate platforms that have a physical presence in the UK but not in any other country covered by the AVMS directive. Although Ofcom’s remit will not be extended to include platforms established elsewhere in the EU, we believe that UK users will indirectly benefit from the EU’s regulation platforms under the AVMS directive. The regulation under the regime is systems regulation, and not content regulation. We therefore expect that as platforms based outside of the UK set up and invest in the systems, they comply with the AVMS regulations.

In the absence of the SI, Ofcom would no longer be able to regulate any VSPs, which would result in an unacceptable regulatory gap. Our approach also mitigates the small risk that a VSP offering services to countries covered by the AVMS directive but not in the UK would establish itself in the UK to circumvent EU law. Ofcom will continue to actively engage with its regulatory counter- parts in Europe after the end of the transition period regarding the determination of jurisdiction, co-operation and consistency.

The Government have always been clear that we intend to introduce legislation that will keep people safe online while protecting freedom of expression and recognising the invaluable role of a free press. The regulations align with UK policy goals and commitments to put in place protection for users, while paving the way for the upcoming online harms regulatory regime. Given that the online harms regulatory framework shares broadly the same objectives as the VSP regime, it is the Government’s intention that the regulation of VSPs in the UK will be superseded by the online harms legislation, once the latter comes into force. Further details on the plans for that legislation will be set out in the full Government response to the consultation on the White Paper, which is due to be published later this year, with draft legislation ready in early 2021. I commend the regulations to the Committee.

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John Whittingdale Portrait Mr Whittingdale
- Hansard - -

I was smiling simply because after the catalogue of failure and disaster that the hon. Lady recounted in describing the SI, she then said that the Opposition will not oppose it, which obviously I welcome very much.

Chi Onwurah Portrait Chi Onwurah
- Hansard - - - Excerpts

I must say as respectfully as I can that there are many catalogues of disaster and inadequacy in the Government’s legislative framework, so we are not, unfortunately, able to address each of them given the time that remains before the end of the transition period.

John Whittingdale Portrait Mr Whittingdale
- Hansard - -

Nevertheless, I welcome the Opposition’s decision not to vote against the SI.

I agree with a number of the points raised by the hon. Lady. She is right that particularly in the past few months, when, sadly, so many people have been forced to remain at home, the internet generally, but VSPs in particular have become a much greater feature of people’s lives. I have been known to watch and even go along with Mr Wicks, although that may be hard for some to believe, but I have done so, as have many in this country. Educational provision online, as well as entertainment, have been really important in getting us through this.

The hon. Lady is right that although VSPs and the internet generally offer a lot of benefit, there are harmful aspects, which the Government are keen to address. We share her concern about the rising reports of the number of incidents of child abuse online, and we are determined to tackle that. She will be aware that the Secretary of State recently had a meeting with the big platforms to discuss how to address the problem of anti-vaccine misinformation. I am pleased that the platforms have agreed to take action to ensure that nobody can profit from such material, and to remove it as quickly as possible.

Things are going on, but this particular set of regulations is, as the hon. Lady knows, required under the terms of the withdrawal Act, because the regulations were introduced during the transition period, and therefore we are required to put them into UK law. We believe that they are important in that they ensure that Ofcom has full responsibility for regulating VSPs. She is right that the regulations do not go far enough, and that there are certain deficiencies. She specifically highlighted the issue of jurisdiction. Because the regulations are derived from a new directive it is not surprising that the force of that directive is to impose EU regulations. Ofcom, as currently the regulator within scope of the regulations, regulates those platforms that are established in the UK, and those platforms that are established elsewhere in the EU are regulated by the relevant country regulator there.

The hon. Lady mentioned in particular TikTok. It is an interesting one because it is established in China, but it does have a presence in quite a number of EU countries. At the moment, it is not yet been determined which country should have responsibility for the EU regulation of TikTok, but undoubtedly one of the member states will have that role.

The hon. Lady spoke about how the regulations do not take back control and how we are still subject to EU regulation. At the end of the transition period, we will no longer be bound by the decisions of regulators elsewhere in Europe. At the moment we recognise that in each case the EU regulates the platforms or providers in a particular country, and we trust it to do that. That will not be the case after the transition period comes to an end, and we will be introducing further legislation, as the hon. Lady said. Under that legislation, Ofcom will have responsibility for the regulation of all those providing services into the UK. That will go further than the scope of the existing AVMS regulations. To that extent, the regulations we are debating are a stopgap. They are intended to ensure that the European standard of regulation continues to apply after the end of the transition period, but we intend to go further and to ensure that any platforms that are providing content to UK consumers come within the scope the UK regulatory regime.

That will be achieved through the online harms Bill. The hon. Lady has drawn attention to the fact that that legislation is some time in the coming, and she is right to that extent. I would simply say that it is absolutely essential that we get it right. She pointed out that this is an area where technology is developing very fast, and we need to ensure that legislation is forward-looking and can take account of future developments. It is vital that we put in place a regulatory regime that protects vulnerable people, young people particularly, from illegal and harmful content. At the same time, we want to be very conscious not to inhibit the growth of technology companies and innovation in the digital sector, which the Government are keen to encourage. Equally, we need to safeguard freedom of speech, freedom of expression and to provide proper safeguards to ensure that professional journalistic content is not caught up in the regulatory regime.

The Government are determined to meet those objectives. It is still the case that the Government will be publishing a response to the consultation paper very shortly, and that we will be introducing draft legislation next year. The hon. Lady referred to the need to consult, and I can promise her that we are already consulting widely, and will continue to do so. I have regular discussions with all the various stakeholders, as does my colleague the Minister for Digital and Culture. Consumer groups will certainly have the opportunity to make their voice known.

Although I recognise the hon. Lady’s unhappiness that this SI is a mere EU regulation that does not go as far as she would like and, indeed, as we would like, I can reassure that we will be bringing forward UK legislation to establish a pioneering UK regime very shortly. On that basis, I invite the Committee to approve the regulations.

Question put and agreed to.

Oral Answers to Questions

John Whittingdale Excerpts
Thursday 5th November 2020

(4 years ago)

Commons Chamber
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Alun Cairns Portrait Alun Cairns (Vale of Glamorgan) (Con)
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What assessment he has made of the potential effectiveness of the proposal to ban the advertisement of products high in fat, sugar and salt online and on television.

John Whittingdale Portrait The Minister for Media and Data (Mr John Whittingdale)
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The Government published an impact assessment alongside the 2019 consultation on HFSS advertising that considered both the health benefits and the costs. We will publish the Government’s response to that consultation by the end of this year, and hold a short consultation as soon as possible on a total ban for advertising online.

Alun Cairns Portrait Alun Cairns
- Hansard - - - Excerpts

No one would question the Government’s wish to reduce childhood obesity, but influencing this is a hugely complicated task that the Government should take time over. The proposal to restrict advertising products that are high in fat, salt and sugar brings the risk of displacement. Will my right hon. Friend confirm that any ban will not come into force until all factors have been properly considered, and that any strategy regime will hold online platforms to the same restrictions as broadcasters, along with similar sanctions?

John Whittingdale Portrait Mr Whittingdale
- Hansard - -

My right hon. Friend himself is an advertisement for the benefits of healthy living, and he is absolutely right to draw attention to the risk that, by imposing measures in one area, one may simply displace advertising into another. That is why the Government have been absolutely plain that restrictions on post-watershed advertising on broadcasting will come into effect at the same time as a ban on HFSS advertising online.

Mohammad Yasin Portrait Mohammad Yasin (Bedford) (Lab)
- Hansard - - - Excerpts

If he will make a statement on his departmental responsibilities.

Draft Communications Act (e-Commerce) (EU Exit) Regulations 2020

John Whittingdale Excerpts
Tuesday 20th October 2020

(4 years, 1 month ago)

General Committees
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John Whittingdale Portrait The Minister for Media and Data (Mr John Whittingdale)
- Hansard - -

I beg to move,

That the Committee has considered the draft Communications Act (e-Commerce) (EU Exit) Regulations 2020.

It is a pleasure to serve under your chairmanship, Mr Gray, and to welcome my colleagues who are here in quality, if not in quantity. These regulations were laid in both Houses on 24 September. They seek to end the direct effect of article 3 of the e-commerce directive, which is also known as the country of origin principle, with regard to sections 120 to 124 and 128 to 131 of the Communications Act 2003. If these regulations were not in place, these provisions would become retained EU law after the end of the transition period.

The country of origin principle is an EU internal market measure designed to facilitate digital trade among businesses in the European economic area. It would not be appropriate to retain this measure in UK legislation beyond the end of the transition period. These regulations do not create new policy; instead, they are technical measures to fix failures of retained EU law arising from the withdrawal of the United Kingdom from the European Union. This intervention is essential to ensure that UK rules can be effectively enforced at the end of the year.

Turning to the detail of the regulations, the primary impact is that they will allow a UK regulator—the Phone-paid Services Authority—to enforce its code of practice against online service providers based in the European economic area. At the moment, article 3 of the e-commerce directive inhibits the exercising of the PSA’s powers under sections 120 to 124 against EEA businesses. These regulations will also allow Ofcom to enforce rules under section 128 to 131 of the Act. Again, at the moment, article 3 of the e-commerce directive inhibits Ofcom from enforcing these rules on the misuse of electronic communications services against EEA businesses. This change will allow quicker regulatory action and more efficient user redress. UK regulators will be able to enforce UK laws for the protection of UK consumers.

I should also bring to the attention of the Committee the reports of the European Statutory Instruments Committee and the Secondary Legislation Scrutiny Committee, and I thank those Committees for their work. I will address a couple of the points they raised in a moment, but before I do so, I will explain again why the Government are intervening in this area and give a little more background to the proposal.

The e-commerce directive seeks to contribute to the proper functioning of the European internal market by ensuring the free movement of online service providers within the European economic area. However, that directive will no longer apply to the UK at the end of the transition period, including the country of origin principle. That principle applies to online service providers based in any EEA state that operates across the European economic area, and it means that the service provider only has to follow the requisite rules of the state in which it is based, rather than the rules in each state where its service is received. If the state where the service is received wishes to enforce its own laws against the online service provider, it can only do so where certain conditions set out in article 3 are met. That state must also follow a derogation procedure, notifying the European Commission and the relevant member state before enforcing its rules.

While the UK has been bound by the directive, this exemption has been reciprocal between the UK and European economic area member states. UK-based online services have been exempt from relevant laws in EEA states, as provided for by the country of origin principle, and equivalent businesses in EEA member states are exempt from those relevant laws in the UK. The country of origin principle is implemented in relevant pieces of national law. Once the transition period ends, we will no longer be bound by the directive and UK-based online service providers will lose their exemption from relevant laws in EEA states, as currently provided for. If we do not intervene to remove article 3’s effect on the 2003 Act, then online service providers in the EEA will continue to receive preferential market access beyond the end of the transition period, while the same benefit will not be afforded to UK online service providers.

The regulations remove the direct effect of the country of origin principle from the 2003 Act, and they remove the exemption from rules under sections 120 to 124 and 128 to 131 of the Act for businesses based in the EEA. The principle will be removed for all UK legislation in due course, to ensure that businesses in the EEA will be in scope of all the UK laws from which they are currently exempt.

Of course, the loss of the country of origin principle as a result of leaving the EU also means that UK businesses will be newly in scope of certain EEA laws from which they were previously exempt. However, we expect that the impact on UK businesses will be relatively low. The scope of the directive is narrow and we do not expect the regulatory regimes to be markedly different in the UK in comparison with other EEA states. Depending on the nature of the online service, many UK businesses may already be compliant and there will be little to no immediate change that they need to make in order to be compliant from 1 January 2021.

These regulations are, as I say, a technical measure to fix failures of retained EU law to operate effectively, arising from the withdrawal of the UK from the EU. They will ensure that our regulators are able to effectively apply their laws to online service providers based in the EEA and to ensure that UK consumers are protected by UK law.

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John Whittingdale Portrait Mr Whittingdale
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I am most grateful to the hon. Lady. It is always slightly alarming for a Minister to discover that the Opposition spokesperson is actually highly qualified on the subject being discussed—[Laughter.] She raises a number of very valid points.

First, I agree with the hon. Lady and welcome her recognition that premium rate services are not always malicious or designed to con people out of their money. They actually perform valuable services. They contribute a substantial amount to the economy and, as she said, they play an extremely important role in raising money for charity, which we are very keen to support.

Like the hon. Lady, I am of course aware of the dark side of premium rate phone messaging. While she was adjudicating on the “Richard and Judy” case, when she was at Ofcom, I recall that I was chairing the Culture, Media and Sport Select Committee in this House, where we summoned ITV to account for some of its practices, which was making it a lot of money in ways that I think most people thought were not entirely appropriate, and indeed resulted in ITV being fined a considerable sum.

Chi Onwurah Portrait Chi Onwurah
- Hansard - - - Excerpts

I do not mean to dwell on “Richard and Judy” for too long in this Committee. To clarify, because of the way in which the regulatory regime was set up, I did not actually adjudicate on it, but we did develop the recommendations that led to stronger regulation of premium rates.

John Whittingdale Portrait Mr Whittingdale
- Hansard - -

I congratulate the hon. Lady on her efforts at that time. She is right that this area obviously continues to evolve, and it is important that we maintain appropriate regulation and keep it up to date. I can tell her that the Phone-paid Services Authority is currently reviewing the code to strengthen standards across the market. It tends to try to prevent harm before it occurs. It actually issued a consultation document in February and is now drafting a revised code, which we expect shortly.

I said that we expect little or no immediate change for most businesses in this country. The hon. Lady raised the impact on business. I should of course make clear that this statutory instrument does not actually have any bearing on UK businesses; UK businesses will be outside the scope of the country of origin principle as a result of our leaving the European Union transition period at the end of December. The SI is creating the level playing field so that EEA-based businesses come within the scope of UK regulation, which they would not otherwise do unless we brought in these changes.

The hon. Lady asked what evidence we have on the impact on business. It is quite difficult. We have calculated that something like 75,000 businesses are potentially in the scope of the regulations, but for the vast majority of those, the difference will be relatively minor. They are already compliant with UK regulation, and UK regulation is in most cases is similar, if not identical, to that pertaining in other EU member states. The one piece of evidence we had was the Phone-paid Services Authority’s estimation of the number of derogation requests it gets each year from other EU member states, which is just a handful each year, indicating the small number of cases in which the regulations in another EEA member state are different from those that apply in the UK. On that basis, we are relatively confident that the number of companies that will have to make changes is relatively small.

We have sought to communicate. We have been engaging with sectors for at least the last six months, to alert them to this change when it comes. The Cabinet Office is conducting a communications campaign. Of course, in this case, this is not dependent on whether the UK obtains a comprehensive free trade agreement with the European Union, since we do not actually wish to maintain the country of origin principle. At the end of the transition period, it will no longer apply, whether or not negotiations on a comprehensive agreement achieve a successful outcome.

We have not published an impact assessment for the reasons I say—it is difficult to assess in detail how these changes will work—but on the evidence I suggested, we are confident that the number of affected businesses will be small, not substantial. However, it will be the responsibility of businesses in the future, if they wish to operate in another EEA member state, to ensure that they are compliant with the regulations that apply there.

Finally, the hon. Lady raised the online harms legislation which, while a little way removed from the subject we are debating, is nevertheless a matter of great importance. I can tell her—she will have heard this before, but I say it with absolute confidence—that we will publish the Government’s full response to the White Paper consultation very shortly. It is almost in a state where it is ready for publication, and it is still our intention to introduce legislation to enact it early next year. We absolutely share her view that the matter is extremely important. We are determined to make the UK the safest place in which to conduct online activities and to do as much as possible to protect our children, and also to ensure that our regulatory framework is up to date and encourages innovation and growth, while at the same time installing the necessary safeguards.

I am grateful to the hon. Lady for indicating that the Opposition will not oppose the regulations, so I invite the Committee to approve them.

Question put and agreed to.

Oral Answers to Questions

John Whittingdale Excerpts
Thursday 24th September 2020

(4 years, 2 months ago)

Commons Chamber
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Gerald Jones Portrait Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)
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What plans the Government has to reintroduce the TV licence concession for people aged over 75.

John Whittingdale Portrait The Minister for Media and Data (Mr John Whittingdale)
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The Government remain disappointed by the decision of the BBC to restrict the over-75 concession to those on pension credit. However, the responsibility for that was given to the BBC under the Digital Economy Act 2017, passed by Parliament, and it is a matter for the BBC.

Gerald Jones Portrait Gerald Jones
- Hansard - - - Excerpts

For many older and vulnerable residents, losing their free TV licence means losing not only entertainment and a source of news, but companionship, which is hugely important as we go into winter and many people across the country face restrictions on movement. Will the Minister do the right thing, stop hiding behind the BBC, take another look at this policy, stick to his manifesto commitment and keep free television licences for over-75s until 2022?

John Whittingdale Portrait Mr Whittingdale
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The Conservative manifesto did say that we believed it should be funded by the BBC. Those who are on low incomes and are eligible for pension credit will continue to receive a free licence. I hope that all those who may be eligible make sure they receive pension credit. The Government continue to believe that the BBC needs to do more to support older people.

Laura Trott Portrait Laura Trott (Sevenoaks) (Con)
- Hansard - - - Excerpts

What progress his Department has made on delivering support for the culture and heritage sector through the culture recovery fund.

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Tanmanjeet Singh Dhesi Portrait Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
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What steps his Department is taking to support local, independent newspapers during the covid-19 outbreak.

John Whittingdale Portrait The Minister for Media and Data (Mr John Whittingdale)
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The Government recognise the vital importance of local and regional newspapers, particularly during this pandemic. That is why we designated journalists as key workers and ran a £35 million public information campaign to carry covid messaging in more than 600 titles.

Tanmanjeet Singh Dhesi Portrait Mr Dhesi
- Hansard - - - Excerpts

We in Slough are fortunate to have two brilliant local newspapers, the Slough Express and the Slough Observer, which play a vital role in our local democracy, ensuring that the good people of Slough are well informed with reliable and accurate news reporting, but, like many of their counterparts across our country, local journalism is under threat. Their trade body News Media Association has repeatedly called for business rates relief, but those calls seem to have fallen on deaf ears. The National Union of Journalists has proposed a detailed news recovery plan to ensure the survival of excellent journalism, which is there for all of us. Can the Minister advise us, before we lose even more valued local newspapers, when the Government will finally listen to and support this important sector?

John Whittingdale Portrait Mr Whittingdale
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I have no doubt that the newspapers in the hon. Gentleman’s constituency are doing an excellent job, and I have had a number of conversations with the News Media Association and other publishing organisations. The Government have extended £1,500 business rates relief for local newspaper offices, but we will obviously continue to look at what additional measures we can take to support newspapers.

Edward Timpson Portrait Edward Timpson (Eddisbury) (Con)
- Hansard - - - Excerpts

What progress his Department has made on improving mobile coverage in rural areas.

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Grahame Morris Portrait Grahame Morris (Easington) (Lab)
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What recent discussions he has had with Ofcom on the BBC's compliance with its statutory duties on local and regional news and political coverage for the English regions.

John Whittingdale Portrait The Minister for Media and Data (Mr John Whittingdale)
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The BBC charter requires the BBC to serve audiences across all the UK nations and regions. How it does so is a matter for the BBC, but I share the concern about the recently announced cuts, and I welcome Ofcom’s intention to examine this.

Grahame Morris Portrait Grahame Morris
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I thank the Minister for that response, and I assume that he agrees that local and regional news coverage and political coverage are a vital aspect of the BBC’s public sector obligation. My concern—this has been raised by the National Union of Journalists—is that the number of staff who currently work on the award-winning investigative programme “Inside Out” will be put at risk of redundancy if the BBC reduces the number of regional production centres from 11 to six. I am pleased by what the Minister said, but is he asking Ofcom to investigate the BBC’s compliance with the public sector broadcaster obligation?

John Whittingdale Portrait Mr Whittingdale
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I completely agree with the hon. Gentleman that local and regional news coverage by the BBC is one of the core public purposes of the BBC. I have spoken to the new director-general, and I am pleased that he remains absolutely committed to that. Whether the recent cuts reduce the ability of the BBC to carry out that obligation is a matter that Ofcom is looking at, and it decided to do that without our having even spoken to it.

Alex Davies-Jones Portrait Alex Davies-Jones (Pontypridd) (Lab)
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What steps he has taken to ensure parity in the application of covid-19 restrictions to sports and music groups.