Universities: Freedom of Speech

John Whittingdale Excerpts

Thursday 10th October 2024 Commons Chamber

[Catherine McKinnell]

My hon. Friend raises an important point about the wider landscape and the challenges facing our higher education sector. Our universities are not just vital for upholding freedom of expression, freedom of speech, academic debate and rigour; they are also incredible seats of opportunity that must be unleashed up and down this country. We will continue to do everything we can to support economic growth, which we know is supported by higher education, and indeed by the whole of education. The Government are committed to that unleashing of opportunity.

[Sir John Whittingdale (Maldon) (Con)]

The Secretary of State has said that she wants to listen to different views and the Minister has talked about the number of meetings that have taken place, so will she commit to meeting the delegation of senior Jewish academics led by Professor David Abulafia, who has already written requesting such a meeting?

[Catherine McKinnell]

The right hon. Gentleman is absolutely right. We are absolutely committed to consulting with a wide range of interests in order to get this legislation right, and I will certainly pass on his request to the Minister with responsibility for higher education, who leads on this work.

Making Britain the Best Place to Grow Up and Grow Old

John Whittingdale Excerpts

Monday 16th May 2022 Commons Chamber

[Mr John Whittingdale (Maldon) (Con)]

It is a pleasure to speak in support of this Queen’s Speech. It is tempting to respond to a number of the points made by the hon. Member for Houghton and Sunderland South (Bridget Phillipson), whose speech sounded remarkably like a bid for the leadership of the Labour party. However, given the lack of time, I want to concentrate on just four Bills, all of which emanate from the Department for Digital, Culture, Media and Sport and all of which I had a small hand in part of the preparation of.

The first is a carry-over—the Online Safety Bill. I welcome this opportunity to speak on it because I had only five minutes do so on Second Reading, although I will have rather less this time. I reiterate that the Bill is tremendously important and will protect our young people as they grow up. It is pioneering legislation to introduce some regulation of online activity.

We also have an ambition in this country to be the technological leaders of the world, so I remain concerned that the Bill is very vague in a lot of aspects. Since Second Reading, I have had meetings with mid-sized platforms such as Pinterest, Reddit, Eventbrite and Tripadvisor, all of which are committed to this country but concerned that, while they want to comply with the provisions of the Bill, it is not clear to them what those provisions are going to undertake. I again say to the Government that what is important is to protect people who are at risk, not necessarily just regulate every large platform because of their reach.

[Matt Rodda (Reading East) (Lab)]

Will the right hon. Gentleman give way?

[Mr Whittingdale]

No, if the hon. Gentleman will forgive me, as I am under a lot of pressure to keep this short.

The second Bill is the media Bill, which is vital for the future of public service broadcasting in this country. A lot of attention will be given to the provisions on Channel 4, which I welcome, although it is important that we debate those and discuss the model that Channel 4 should operate in future. The Bill contains other important provisions. The prominence of public service broadcasters has been argued for by ITV, Channel 4 and the BBC for many years, and it is essential if we are to protect public service broadcasters and ensure that they are visible in a world where competing channels are increasing in number almost every week.

In support of commercial public service broadcasters, I welcome the absence from the Queen’s Speech of a Bill to introduce advertising bans for HFSS—high in fat, salt or sugar—foods before 9 pm. I support the Government’s wish to reduce obesity, but I firmly believe that an advertising ban would have no effect on that and, at the same time, would massively affect commercial broadcasters.

I regret the absence from the Bill of provisions for radio prominence. This was an important part of the outcome of the digital radio and audio review. The Government accepted the recommendations from that but they seem to have dropped out of the Bill. I hope that we might try to correct that during its passage.

I look forward to the inclusion in the Bill of the repeal of section 40 of the Crime and Courts Act 2013, which is a sword of Damocles hanging over a free press allowing a future Government to impose punitive costs unless they sign up to the Government’s version of regulation. The removal of that was in the Conservative manifesto and I very much hope that we will fulfil that manifesto commitment in that Bill.

The third Bill is the digital markets and competition Bill, which, if anything, is even more important to the freedom of the press. At the moment, the press are at a disadvantage in their negotiations with the big platforms such as Facebook and Google, which take their content and decide how much, if anything, they are going to pay for it. The digital markets unit is being established to address that, but it needs to be put on a statutory basis; it needs to be underpinned by law. I therefore welcome the provision in the Queen’s Speech for a draft Bill but hope the Government will move forward to implement that legislation as soon as possible.

Finally, I turn to a Bill I again played some role in: the data Bill. One of the great opportunities from Britain taking back control of its own laws is our ability to write our own data protection laws. Of course we want to ensure that people’s privacy is protected, but at the same time the existing rules have acted as a disincentive. They are overburdensome and not properly understood by large numbers of small firms in particular. This is a real opportunity to have a modern data protection regime which others across the world will admire and follow.

On that basis, I am delighted to support the Queen’s Speech.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call SNP spokesperson Carol Monaghan.

Education Funding

John Whittingdale Excerpts

Tuesday 3rd September 2019 Commons Chamber

[Gavin Williamson]

We will update the House in due course on how we will work with Ofsted in that regard, but I think that one of our most important reforms has been ensuring that Ofsted can inspect outstanding schools, because I had picked up some concern among unions, parents and teachers about the fact that a number of schools had not been inspected for a long time.

[Mr John Whittingdale (Maldon) (Con)]

Is my right hon. Friend aware that many good schools, such as William de Ferrers School in my constituency, had made heroic efforts to find savings in recent years, to eliminate budget deficits, and were now, very reluctantly, having to consider increasing class sizes and dropping subjects? May I therefore thank him for recognising the need for extra funds? Will he confirm that in areas such as mine where substantial development is taking place, these funds will allow pupils who are moving into the constituency to enjoy a good education?

[Gavin Williamson]

An important element of the funding settlement that we have agreed with the Treasury is a recognition of demographic change that different parts of the country are experiencing, so that we can ensure that enough school places are provided. More than 1 million places have been created in the last nine years, and there is no doubt that more will be needed in the future.

Draft Social Workers Regulations 2018

John Whittingdale Excerpts

Monday 2nd July 2018 General Committees

[Nadhim Zahawi]

As I said, the Government will be funding Social Work England and covering all its costs for set-up, but ultimately, in the long term, we expect it to be self-funding.

[Mr John Whittingdale (Maldon) (Con)]

The communications regulator Ofcom is fully self-funded and does not receive any money from Government.

Oral Answers to Questions

John Whittingdale Excerpts

Thursday 26th February 2015 Commons Chamber

[Mr Vaizey]

Plus Tate is a fantastic programme that belies the statistics saying that London has more money spent on the arts than the rest of the country. The money that goes to the Tate helps to support 24 contemporary art museums around the country, and the scheme is very successful. It is worth bearing that in mind.

[Mr John Whittingdale (Maldon) (Con)]

Is my hon. Friend aware of the concern expressed by creative industries in London and elsewhere about the way in which the EU regulation covering temporary structures is being interpreted as that could lead to huge extra costs in the building of film sets and theatrical and musical stages? Is he aware that other European countries are not interpreting it in this way, and will he ensure that we are not gold-plating unnecessarily?

[Mr Vaizey]

Yes, I am well aware of this issue. The Secretary of State is also closely aware of it and discussing it keenly. I am sure that my hon. Friend understands where our sympathies lie.

Oral Answers to Questions

John Whittingdale Excerpts

Thursday 12th February 2015 Commons Chamber

[Mr John Whittingdale (Maldon) (Con)]

14. What the Government’s policy is on the creation of the digital single market; and if he will make a statement.

[The Minister for Culture and the Digital Economy (Mr Edward Vaizey)]

In homage to the elaborate nomenclature of the Minister for Skills and Equalities, which you have revealed this morning, Mr Speaker, let me quote our greatest romantic poet:

“Nothing is so contagious as enthusiasm.”

I can tell you, Mr Speaker, that our non-paper on the digital single market, which contains an enthusiastic vision for a digital single market, has gone down an absolute storm in Europe, partly because it is online, with interactive graphics.

[Mr Whittingdale]

I welcome the progress we are making on creating a digital single market—and indeed the interactive graphics. Is the Minister aware that the business models of some of our most successful industries, particularly those in the audiovisual sector and sports rights, depend on territorial licensing? Will he confirm that the Government’s policy is to continue to support their right to do that?

[Mr Vaizey]

Let me say that

“common sense in an uncommon degree is what the world calls wisdom.”

That is Coleridge as well, but nobody understood. My hon. Friend has displayed immense common sense in pointing out that it is important that we stand up for the intellectual property rights of our very successful creative industries. It has to be said as well that we should be mindful of what the consumer now wants, which is to access content in a fair and reasonable way wherever they are based. So we need to work with industry and the consumer to achieve a happy result.

--- Later in debate ---

[Mr John Whittingdale (Maldon) (Con)]

T2. Further to the reply that my hon. Friend the Minister for Culture and the Digital Economy gave a moment ago, can he confirm that the Government’s position remains as set out in the response to the consultation on the review of EU copyright law—that any changes should be based on hard evidence? Perhaps I might ask him a second time to be a little clearer—just so that we can be absolutely certain that everyone is aware—that the Government support the right of territorial licensing, as the Prime Minister’s special adviser set out to the creative industries yesterday.

[The Minister for Culture and the Digital Economy (Mr Edward Vaizey)]

Yes, that is the case. I should make it absolutely clear that the non-paper that we have submitted to the European Commission represents a vision for the digital single market. It is our firm belief that consumers should be able to access content in a fair and reasonable way wherever they are, but we do support the right of industries with internet protocol to sell territorial licensing.

Oral Answers to Questions

John Whittingdale Excerpts

Thursday 27th November 2014 Commons Chamber

[Mr Vaizey]

When Vodafone announced that scheme, I ensured that all the villages in my constituency were aware of it and encouraged them to apply for it. Bishopstone will be covered under our mobile infrastructure programme. I certainly encourage mobile operators to roll out such solutions. I do not understand why they do not offer villages an off-the-shelf service, as many parish councils would look seriously at funding such a scheme.

[Mr John Whittingdale (Maldon) (Con)]

I commend my hon. Friend and the Secretary of State for their efforts to address this problem of partial not spots and not spots. But does my hon. Friend agree that the best solution would be to obtain an agreement with the industry on how to move forward and that it may also require the Government to make some changes to the electronic communications code and possibly the planning rules?

[Mr Vaizey]

When I said that we are consulting on national roaming, I should have made it clear that we are consulting on a range of options, and a voluntary agreement with the operator remains our preferred solution. Looking at the electronic communications code and the planning laws is also part of the options that we are considering.

Points of Order

John Whittingdale Excerpts

Wednesday 5th March 2014 Commons Chamber

[Mr Nigel Dodds (Belfast North) (DUP)]

rose—

[Mr John Whittingdale (Maldon) (Con)]

rose—

[Mr Speaker]

I am saving up the point of order from the hon. Member for Maldon (Mr Whittingdale), because I think that it is a rather juicy one. I mean no disrespect to the right hon. Member for Belfast North (Mr Dodds).

[Mr Speaker]

My initial response to the right hon. Gentleman is that it is open to the Northern Ireland Office, which will be privy to all the material, to correct the record if it judges that to be necessary. I do not think that I can add anything to that statement at this stage and we will leave it there for today. I thank him for his point of order.

[Mr Whittingdale]

On a point of order, Mr Speaker. You may recall that in November last year, I raised a point of order to express my concern that Dato Makudi had been given leave to take to the Court of Appeal his action for defamation that related to remarks made by Lord Triesman to the Football Association, in which he merely referred to statements that he had made to the Select Committee on Culture, Media and Sport about possible corruption in FIFA. Those remarks were, of course, made under privilege.

At that time, I expressed my concern that the action represented a significant threat to the privilege conferred on Members and, indeed, on witnesses who appear before Select Committees of this House, and that it could have the severe effects of preventing us from exposing truth and giving witnesses the impression that they do not enjoy the protection of parliamentary privilege. You were sufficiently concerned, Mr Speaker, to make a submission to the Court of Appeal.

As you may be aware, Mr Speaker, the Court of Appeal has reached a judgment in which it is clearly stated that Lord Triesman’s remarks were covered by article 9 of the Bill of Rights. I believe that that is a significant re-establishment of the rights of this House. I wonder whether you would like to make a statement in the light of that.

[Mr Speaker]

I am very grateful to the hon. Gentleman for his point of order. As he rightly says, I shared his grave concern, not principally on behalf of Lord Triesman, but on behalf of the House, that a threat to parliamentary privilege and, therefore, to Parliament was entailed. I did, as I indicated to the hon. Gentleman was my intention, cause representations to be made to the Court of Appeal. It was, of course, a matter for the court and I am absolutely delighted that it found in favour of Lord Triesman. That was a victory not just for Lord Triesman, but for the precious principle of parliamentary privilege and for Parliament itself. It was a very important day, and the hon. Gentleman is right to celebrate it and to give me the opportunity, on behalf of the House, to do the same.

Oral Answers to Questions

John Whittingdale Excerpts

Thursday 20th December 2012 Commons Chamber

[Mr Willetts]

We need to do more and we can do more. We are going to work closely with British businesses, including AstraZeneca, which I remember visiting with my hon. Friend in his constituency earlier this year. That company has received a conditional offer through round 3 of the regional growth fund. We are continuing to back this very important, internationally competitive industry.

[Mr John Whittingdale (Maldon) (Con)]

12. What steps he plans to take to reform the law on copyright; and if he will make a statement.

[The Secretary of State for Business, Innovation and Skills (Vince Cable)]

I am taking a number of steps to reform copyright law, in response to the Hargreaves review. Today, I am publishing the Government’s decision on changes to copyright exceptions, which I believe will achieve the right balance between creators, rights holders and users. The document, “Modernising Copyright: A modern, robust and flexible framework”, has been placed in the Library.

[Mr Whittingdale]

Does the Secretary of State agree that intellectual property rights and copyright underpin the success of our creative industries, which are so important to the economy? Is he concerned that many in those industries feel that the Government, on the back of the Hargreaves report, will dilute their intellectual property rights, not least in the area of exceptions to copyright law?

[Vince Cable]

The hon. Gentleman is right that the creative industries sector, which is crucial to the economy, depends heavily on intellectual property rights. However, we are dealing with a body of law that is extremely old—I believe that it goes back to Queen Anne. It certainly needs modification in the digital age. He is right that we need to move extremely carefully. That is why, over the last few weeks, we have been in discussions on some of the sensitive issues in relation to copying music and photography. When he studies the report in the Library, he will see that we have got the balance right between rights holders and liberalisation.

Enterprise and Regulatory Reform Bill

John Whittingdale Excerpts

Wednesday 17th October 2012 Commons Chamber

[Mr Wright]

I absolutely agree. I will take this opportunity to wish my hon. Friend a happy birthday for yesterday—a birthday he shares with several other Members, not least the eminent Chair of the Culture, Media and Sport Committee, the hon. Member for Maldon (Mr Whittingdale). My hon. Friend made two important interventions. When he intervened on me he mentioned the lack of consultation and the surprise of important stakeholders, such as UK Music, about these provisions. That is not the way to have clarity about Government policy on something as important as the creative and cultural sectors. I hope that that is a wake-up call, because we have seen the Government do the same elsewhere, for example with the feed-in tariffs and the oil and gas tax charges. To move without any concern for what stakeholders are thinking is not in the best interests of the British economy and industry.

The second point that my hon. Friend made, when he intervened on the Minister, relates to the use of statutory instruments. I rose to say that I felt more confused as a result of the Minister’s comments than I did when I entered the Chamber today. Part of our discussions in Committee was about the fear of bundling some of these points into a single statutory instrument. The Minister must have served on a delegated legislation Committee during his time in the House and will know that the only way the House can express a view on such instruments is by voting in favour or against; there is no way we can express a view on individual provisions. Therefore, will he clarify to what extent he will be able to bundle points relating to copyright exceptions into single SIs, which would not allow the House to express our views?

I now to turn to our amendment 75, which proposes that the Secretary of State

“must have regard to any feasibility study commissioned on the licensing of orphan works in advance of the regulations being laid before Parliament.”

We are not against the concept of orphan works, as I mentioned in Committee, provided that safeguards are in place to ensure that the party that wants to use the work has undertaken a diligent search. I recognise—the Minister alluded to this—the huge benefits that could be unlocked as a result of orphan works licensing. For example, I can anticipate SMEs building new platforms and applications for the re-use of digitised content, with innovation and new business models coming forward to use the content commercially so that Britain can lead the world, enriching the research and cultural environment and thereby consolidating the UK’s position as the destination of choice, whether literally or online, in the 21st century as the place for education and research, particularly in the cultural sector.

The Bill provides the legislative framework for orphan works licensing but is, as is probably inevitable and desirable in primary legislation, high-level and somewhat vague in detail. The crucial details that stakeholders will be looking for have yet to be determined and will be available via regulations. However, it would be useful to get on the record as much certainty and clarity as possible about the Government’s intended direction of travel in order to allow the industry, including existing players and potential new entrants to the market, to start gearing up to use the licences commercially. The purpose of our amendment is to probe the Minister on his intended direction of travel and ensure that a feasibility study considers certain aspects of the policy and that the Government take these findings into account, not in a completely solid way but making sure that these matters are addressed.

Will the Minister indicate the identity of the authorising body or bodies? He mentioned it briefly in his opening remarks, but it would be useful to put a little bit more meat on the bones. What sort of time scale is he working towards? When does he anticipate that the introduction of such schemes, and the laying down of regulations as a preliminary step, will take place? What will be the scope of the orphan work licensing schemes? Will this be done on a sector-by-sector basis? Will it be based on a “specific types of work” approach, or will there be a big bang in which all possible orphan work schemes will be incorporated from day 1?

Will the Minister outline how he anticipates that any diligent search on a work-by-work basis will move forward? I am fairly sure that every such search will have to be done on an individual work basis rather than by batching works together. Am I right in that thinking, or is he considering any change in the individual works versus batch approach? Could diligent searches be re-used within a certain time period? How will the Minister—again, this is part of the feasibility study leading into the regulations—strike the balance between the rights of the licensee, allowing the licence holder to commercially use the rights arising from that licence, and the rights of the relevant rights holder? What will happen in the event that the parent comes forward? How will remuneration be worked out in such an event? Will a certain amount of time be stipulated in regulations following the awarding of an orphan works licence?

We lead the world in the cultural and creative industries, and many people will want to take that away from us for a variety of reasons. We need to make sure that we can maintain our competitive advantage. That requires close co-operation, with an active industrial sector strategy between the industry and Government. Sadly, during the passage of the Bill, that has been lacking in the provisions on copyright. I hope that the Minister has learned his lesson and look forward to his comments.

[Mr John Whittingdale (Maldon) (Con)]

We do not have a lot of time, and I do not want to detain the House unduly. However, although it is recognised that this matter forms only a small part of the Bill, the importance of the creative industries to our national economy, and the contribution that they are making to growth, is so essential that we need to look very carefully at anything that affects the livelihoods of those working there—and the creative industries rest on the protection of intellectual property rights.

On Second Reading, I suggested to the Secretary of State that clause 57—then clause 56—could be used to make substantial changes to copyright law through statutory instruments. I am grateful to him for meeting representatives of a wide range of creative industries to discuss those concerns. That has led, to some extent, to the amendment that the Government have tabled. As the Minister said, several representatives of the creative industries, such as UK Music, the British Copyright Council, the Publishers Association and the Premier League, have said that they are now satisfied.

However, as the hon. Member for Hartlepool (Mr Wright) said, that is not a unanimous view across the industry. The Minister has assured us that this is about enforcing penalties but, despite the Government’s amendment, the clause does not mention penalties. I am therefore still not clear as to why the Government did not accept the suggestion that they make it absolutely explicit in the Bill that it is all about penalties. Instead, it talks about exceptions, and it still allows changes to be made to copyright law by statutory instrument. Following the Hargreaves report, there is still great suspicion on the part of many of those in the creative industries that there is an intention to try to dilute intellectual property rights. They fear that the clause could be used—perhaps not by this Government but by a future Government—to bring forward changes to copyright law.

Those fears have been expressed, as the hon. Member for Hartlepool said, by a wide range of organisations, including Associated Press, ITN, Getty Images, the Press Association, British Pathé, Agence France Presse and Deutsche Presse-Agentur. I will quote one sentence from the letter they have sent that sums up the problem that the Government face:

“It therefore remains our concern that…the true purpose of Clause 57…as drafted”

is that

“it will be used as a vehicle to push through a number of changes to copyright exceptions recommended by the Hargreaves Review, which we discussed with you at our meeting because of the detrimental impact to business and the creative industries as well as…ultimately…to the UK’s future economic growth.”

I welcome the Minister’s assurance that that is not the Government’s intention, but it must be of concern that a number of organisations that are important to this country retain that suspicion. Anything that the Government can say or do now to allay that suspicion and make it clear that they do not intend to implement the Hargreaves recommendations in a bundle, via a statutory instrument, would be extremely welcome and would reinforce the point that the provision is not about that, but about criminal penalties.

[Pete Wishart (Perth and North Perthshire) (SNP)]

I do not know whether I should break out into song and wish a belated happy birthday to the hon. Members for Cardiff West (Kevin Brennan) and for Maldon (Mr Whittingdale), or declare my favourite band. Whenever the hon. Member for Cardiff West and I appear in the Chamber together, I always try to plug MP4, because we comprise half the band. We will conclude our world tour of UK party conferences this Saturday, which is worth noting as a landmark occasion.

I agree with and endorse what the Chair of the Culture, Media and Sport Committee said about the value of copyright to our creative industries. It is the very essence of what underpins our success and probably makes the UK the leader in so many sectors throughout the world, from music, drama and film to Premier League football. It is the one thing that makes sure that we can continue to deliver that immense conveyor belt of talent that excels right around the world.

We muck about with copyright at our peril and must tread carefully with regard to copyright exceptions. We have to know exactly what we are doing, which is why impact assessments are vital and why the Minister’s confused response alarms me and is of concern. We have to know what the exact impact will be on all the sectors and everybody involved in the creative industries, and listen carefully to what they have to say.

I welcome the amendment, but only half-heartedly. For once, the Government have listened to representatives from the creative industries, who have not received a particularly good welcome from them over the past few years. They feel undervalued and sense that their concerns, which they make eloquently to the Government, are ignored and that, if they are listened to, it is in a half-hearted way.

The issue of copyright exceptions is important. We have had the Hargreaves report, the Government’s response to it and the Intellectual Property Office’s examination of how the report’s recommendations could be implemented. I am sure that the Minister will be thrilled to know that he is about to receive the report by the all-party group on intellectual property, of which I and the hon. Members for Maldon and for Lewisham West and Penge (Jim Dowd) are members. It will suggest various ways in which IP policy could be better formulated across Government and across Departments, and suggest the need for a real champion of IP copyright, because that is what is missing.

We need a proper investigation and an impact assessment. The assumptions that underpin a number of the Hargreaves recommendations are nonsense. The examples that caught our eye related to copyright exceptions, such as the assertion that an exception for format shifting would be worth £2 billion to the UK economy. The funniest assumption was the claim that an exception for parody of intellectual property could increase the UK economy by £600,000. Those assumptions were challenged, but they were asserted by the IPO without any real foundation. That is why this House has properly to consider copyright exceptions. If we do not, we will be left with that sort of nonsense. We have to make sure that that does not happen again.

I join others in calling on the Minister to listen to the concerns that the creative industries still have about the potential bundling together of proposals in secondary legislation. The Rolls-Royce model is primary legislation, whereby Members of Parliament can come to the House to have a proper debate and kickabout on proposals for copyright exceptions. If that is not to happen, the Minister must provide a better assurance that there will be separate pieces of secondary, delegated legislation, with full impact assessments, so that we can understand the impact that any further copyright exceptions will have on all the relevant sectors.