Media Bill

Debate between Kirsty Blackman and Jamie Stone

2nd reading
Tuesday 21st November 2023 Commons Chamber

[Kirsty Blackman (Aberdeen North) (SNP)]

I appreciate having the opportunity to lead for the SNP on Second Reading. My hon. Friend the Member for Ochil and South Perthshire (John Nicolson), who usually leads on Digital, Culture, Media and Sport, has been unable to come along, so I have stepped into the breach, as it were, and agreed to manage the Media Bill for the SNP.

Although the Bill is welcome and takes a number of positive steps forward, I am concerned about how over-complicated some of it is. The Bill amends the Communications Act 2003, the Broadcasting Act 1996 and the Broadcasting Act 1990. Apart from amendments to corporation Acts and tax Acts, I have not seen anything quite this complicated. If I were a broadcaster or worked in this area, I would find it difficult to find all the information I needed even to comply with the legislation because of its complicated nature. The Media Bill mostly amends those three pieces of legislation, as well as a few others in smaller technical ways—smaller technical amendments are absolutely standard—but it has been done in a complicated way that will make it difficult to find some of the definitions.

I was looking, for example, for the definition of “programme”. I was directed to the Communications Act 2003, which directed me to the Broadcasting Act 1990, which then told me what the definition was. I have yet to find out the definition of “person”. Perhaps the Minister could furnish me with information on where I could find that definition in those three pieces of legislation. I did, however, find out that when it comes to choosing programmes and organising programming, an algorithm can be counted as a “person” if someone is assisted by an algorithm. I would find it very helpful if the Minister pointed me in the direction of the definition of “person”, which is used a significant number of times in the Bill when it talks about a person who is in charge of programming. Does the word “person” also relate to an entity or a group of people if they are in charge of programming? It would be helpful to have more information on that.

I am slightly concerned about other definitions and uses of words. The requirement for Ofcom to work out that there is a sufficiency of something without there being any clarity on what “sufficiency” means is slightly concerning, because something that I see as sufficient may not be seen as sufficient by somebody else. If there were more information on what “sufficient” meant, there would be more clarity on the changes to Channel 4 as a proportion of expenditure, for example, as opposed to a proportion of programming. “Sufficiency” is not sufficiently defined in the Bill.

The shadow Secretary of State mentioned the word “appropriate” in respect of the availability of public sector broadcasters through internet services, and raised concerns about whether it should be re-termed as “significant”. That would probably give those broadcasters the level of prominence that we expect and want them to have, so that people can access their services in the way that they want and expect. I agree that there could be a different way of doing that.

I will come to a number of different issues, but let me touch on the requirement on the prominence of services. That is important, and I am glad that the Government have chosen to tackle the prominence of services. The order in which public service broadcasters appear—particularly for those who use Amazon Fire Sticks, for example—is important. As those broadcasters have responsibilities that other broadcasters do not, it is important that they are given a level of primacy.

However, I am concerned that the App Store and the Google Play Store are not included in the measures, given the way in which such organisations—particularly the App Store—have behaved. They have said, “We can carry things such as the BBC iPlayer or the STV player only if you give us a significant slice of your revenue.” That is not acceptable. If people look up the BBC iPlayer on the App Store, it should be the top result, rather than being placed further down because Apple has had an argument with the BBC about it. It is inappropriate for Apple to charge the BBC significant amounts of money for a level of prominence that the BBC should have by right as a public service broadcaster. That is important not just in relation to the software in the Fire Stick, for example—or however we choose to view our video-on-demand services—but in the prominence that public service broadcaster apps, such as Channel 4 on demand and BBC iPlayer, are given. The same applies to BBC Sounds in radio access. Those broadcasters should not be charged significant amounts for that prominence.

While I am on radio, I appreciate what has been said about ensuring that Alexa and Siri provide the correct radio station. I would really like Alexa or Siri to play Taylor Swift when I ask for her, rather than Rage Against the Machine. It is not that they are trying to provide me with something else; it is that they do not understand my Scottish accent. Improving the listening ability of those services so that they can play the song that I want would be incredibly helpful.

I like the provisions on advertising. In some cases, it is not Alexa or Siri making decisions on advertising; it is TuneIn Radio—or whichever programme Alexa or Siri is playing through—that is making those decisions. As long as that provision applies to how we hear advertising, rather than who deals with the background stuff, I am happy enough with the measures.

I agree with the right hon. Member for Preseli Pembrokeshire (Stephen Crabb), who has just headed out of the Chamber, on the importance of local radio. In my constituency, Station House Media Unit—known as shmu—does local magazines as well as a significant amount of local radio. It feels really rooted in our communities in a way that, as the right hon. Member said, larger stations that have been taken over by other companies do not.

I appreciate the level of children’s content we have had, particularly on the BBC, having watched CBeebies with my children. When I was younger, I went to a fancy dress party dressed as a Tweenie. I cannot remember whether I was Bella, Milo, Fizz or Jake, but I can tell the House that I did not have to look up those names, because I remembered them. They are ingrained in my soul, having watched the show with my little sisters. They are significantly younger than me, which is why I mention such a recent television programme.

Ofcom has had to scale up massively to service the provisions of the Online Safety Act 2023. I am appreciative of that, and I have a lot of time for the growth in capacity and the number of excellent people it has brought in to do the work. Can the Minister give us a level of reassurance that, for the policing of this area, the writing of the regulations and guidance that this Bill will require and the different interactions that Ofcom will be having, in particular with video-on-demand services, it will have the number of individuals and capacity and resource to be able to undertake such additional layers of work? I am aware that Ofcom is doing significant portions of work around broadcasting already, but I do not want it to have to stretch itself when it is already having to grow at pace. I am concerned that there are not even the number of qualified individuals to take on that work, given how specialised and important it is. Can the Minister reassure me that he is having conversations at least with Ofcom about its capacity when this legislation comes in?

A number of my colleagues have mentioned the Gaelic language and the issues around it. Of course, those could all be solved by devolving broadcasting to the Scottish Government, but in lieu of that, I will highlight some of the disparities. The Secretary of State was perhaps getting a little confused between BBC Alba and MG Alba, which are two different organisations. [Interruption.] Alba—my pronunciation is nearly there. I am an east-coaster. The two organisations are different and operate differently. We appreciate the support being given to S4C, which is a good thing, but we have a disparity, as £89 million of licence fee is going to S4C, whereas only £10 million is going to the Gaelic language. There is a requirement for a quota of at least 10 hours a week of Welsh language programming, but no requirement for a similar quota for Gaelic programming. I am concerned by that.

[Jamie Stone]

The hon. Member is making a very good point about the Gaelic language. I absolutely hate to say this in this place, but my constituency has a few native Gaelic speakers—there are so few of them. I pray that in a few years’ time another generation will have the language. Gaelic is in a vulnerable situation, which reinforces her point.

[Kirsty Blackman]

I very much appreciate the hon. Member’s point. I went to visit a Gaelic nursery in Aberdeen a couple of years ago. Staff there were concerned about the reduction in Gaelic programming for children, because outside the nursery the children were not necessarily getting the exposure to Gaelic that they might have had if they had lived in Skye or the Western Isles. They were concerned that, just because they had chosen not to live in those communities, the language embedded in those children and their ability to access TV programmes in their native first language was significantly reduced. I am concerned by the disparity. I hope the Minister appreciates that we are coming from a good place in trying to ensure the protection of Gaelic, some level of parity and that people across Scotland can access it.

I will highlight specifically what the Bill states. It states that there has to be

“a sufficient quantity of audiovisual content that is in, or mainly in, a recognised regional or minority language”.

Later, the Bill states that

“‘recognised regional or minority language’ means Welsh, the Gaelic language as spoken in Scotland, Irish, Scots, Ulster Scots or Cornish.”

The Bill does not define what “a sufficient quantity” is. It does not say whether it will be measured on the basis of the percentage of people who speak that language in each of the countries. That wording is concerning, and given that there is a quota for Welsh programming, it is disappointing that there is not a similarly recognised quota for any of the other languages.

--- Later in debate ---

[Jamie Stone]

Yes, the hon. Gentleman is absolutely correct.

Furthermore, as we know, local radio—and, as was expressed by the right hon. and learned Member for South Swindon (Sir Robert Buckland), who is no longer with us, the same is true of local television—is absolutely fundamental to the proper functioning of local democracy. I know this only too well, and in some ways I regret it. Let me give Members, for their lighter amusement, a cautionary tale. When I was first elected to be a member of Ross and Cromarty District Council a long time ago—I was once upon a time the youngest member of the council—my younger brother was a broadcaster on Moray Firth Radio, our local radio station, which is still alive and well today. He thought it would be kind to me to put me on his chat show on a Saturday morning called “The Chipboard Table” just days after I was first elected. He sat me down—this was live—and he said, “Jamie, last night we had a dram together, and you told me that you felt your fellow councillors were quite creative in the way they completed their expenses.” This led to an indifferent start to a career in local government, but that is one of the scars I bear. Luckily, it was a long time ago. For accountability and throwing a light on local democracy, local radio is absolutely crucial, and notwithstanding my experience, I would not have it any other way.

On the issue of quotas, the removal of Ofcom’s responsibility to monitor the delivery of content in education, science and culture may risk content in these areas declining. That would concern me because, as was eloquently expressed by the right hon. Member for Ashford (Damian Green), the soft power this country exerts is about being British, but it also about reflecting the different facets of our nation that English-speaking countries find absolutely fascinating. As the Bill progresses, I will be looking to ensure that Ofcom retains a statutory requirement to measure the output of each of these genres—language, culture or whatever—against, let us say for now, the benchmark of what we have at the moment. I do not wish to see any decline from that whatsoever.

On accessibility, when it comes to linear television, there is a requirement for 90% of programmes to be provided with subtitles, as we know. It is right that there should be greater access to those things. Let me give the House another personal example. On a Sunday evening, a cousin of mine who is a little older than me comes and has a meal with my wife and I, and she watches the television. She is a great friend and much loved. She is also pretty deaf, and for some television programmes we can get the subtitles up, but for others we cannot. Perhaps I am not very intelligent with IT, but by gosh we’ve tried, and it is hugely frustrating that she cannot see the words that are being said. The same applies to people with visual impairment—we are talking about signing and other ways of helping. The Liberal Democrat party will look to require that at least 80% of on-demand TV content be subtitled, with 10% audio described and 5% signed. That is our position at this stage.

While I find it tricky to find the subtitles, another issue is also tricky to find. One of the most important aspects of the Bill is the call for public service broadcaster prominence, ensuring that the likes of BBC, Channel 4 and ITV are not only easy to find on any smart TV, but are also given due prominence. This is the existential issue for our public service broadcasters, and the question of how appropriate prominence will be defined is vital. The Liberal Democrats would like the current call for “appropriate” prominence be strengthened to “significant” prominence, and I believe we will be tabling amendments to see whether we can achieve that.

[Kirsty Blackman]

The hon. Member is talking about a range of different issues, which highlight the fact that there are a lot of disparate concerns about the Bill. Does he share my concern that the draft programme motion does not include taking oral evidence for the Bill, and does he understand why the Government have done that?

[Jamie Stone]

I believe that is a wise point, and we would be wise to heed it.

When it comes to Channel 4, I believe I am not alone in having concerns about plans to relax the publisher-broadcaster status, and about the potential risk that that poses to the unique contribution that the channel makes to the diversity and sustainability of the independent production sector across the nations and regions. Again, that takes me back to my earlier point about the sheer diversity of the product being part of our soft power, which is important to this country. However, there is a caveat. With the increased independent production quota and Channel 4’s prediction that any changes will take at least five years to launch, that fundamental change might not lead to any market shock in the short term. But the proof of the pudding is in the eating, and we shall see.

Finally, let me turn to what is perhaps a core debating point today. Section 40 of the Crime and Courts Act 2013 requires new outlets to pay the costs—we know what that is all about. The Liberal Democrats stand firmly against that charge. The 2013 Bill followed the Leveson inquiry and the phone hacking scandal, and the proposed change will put at risk the balance between free speech and public safeguarding, all the while favouring news publishers. One could say that that is a standard political stance in this debate, and perhaps Conservative Members would take a different view. However, let us consider one final point, which is important in terms of the notion of British justice. This change would mean that anyone without substantial financial resources or deep pockets that can match the might of the newspapers would find it impossible to pursue legitimate grievances through the legal system. We need to think about that very deeply. What can the small man possibly do against the publishing giants? That is hugely important and I think there is a warning here. With that I will conclude my remarks. I sincerely hope that my career in this place will not include any more gaffes on live radio, but you can never tell, Madam Deputy Speaker, least of all from a highland Member of Parliament.

Online Safety Bill

Debate between Kirsty Blackman and Jamie Stone

Consideration of Lords amendments
Tuesday 12th September 2023 Commons Chamber

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

It is very kind of you to call me to speak, Mr Deputy Speaker. I apologise to your good self, to the Minister and to the House for arriving rather tardily.

My daughter and her husband have been staying with me over the past few days. When I get up to make my wife and myself an early-morning cup of tea, I find my two grandchildren sitting in the kitchen with their iPads, which does not half bring home the dangers. I look at them and think, “Gosh, I hope there is security, because they are just little kids.” I worry about that kind of thing. As everyone has said, keeping children safe is ever more important.

The Bill’s progress shows some of the best aspects of this place and the other place working together to improve legislation. The shadow Minister, the hon. Member for Pontypridd (Alex Davies-Jones), and the hon. Member for Aberdeen North (Kirsty Blackman) both mentioned that, and it has been encouraging to see how the Bill has come together. However, as others have said, it has taken a long time and there have been a lot of delays. Perhaps that was unavoidable, but it is regrettable. It has been difficult for the Government to get the Bill to where it is today, and the trouble is that the delays mean there will probably be more victims before the Bill is enacted. We see before us a much-changed Bill, and I thank the Lords for their 150 amendments. They have put in a lot of hard work, as others have said.

The Secretary of State’s powers worry my party and me, and I wonder whether the Bill still fails to tackle harmful activity effectively. Perhaps better things could be done, but we are where we are. I welcome the addition of new offences, such as encouraging self-harm and intimate image abuse. A future Bill might be needed to set out the thresholds for the prosecution of non-fatal self-harm. We may also need further work on the intent requirement for cyber-flashing, and on whether Ofcom can introduce such requirements. I am encouraged by what we have heard from the Minister.

We would also have liked to see more movement on risk assessment, as terms of service should be subject to a mandatory risk assessment. My party remains unconvinced that we have got to grips with the metaverse—this terrifying new thing that has come at us. I think there is work to be done on that, and we will see what happens in the future.

As others have said, education is crucial. I hope that my grandchildren, sitting there with their iPads, have been told as much as possible by their teachers, my daughter and my son-in-law about what to do and what not to do. That leads me on to the huge importance of the parent being able, where necessary, to intervene rapidly, because this has to be done damned quickly. If it looks like they are going down a black hole, we want to stop that right away. A kid could see something horrid that could damage them for life—it could be that bad.

[Kirsty Blackman]

Once a child sees something, they cannot unsee it. This is not just about parental controls; we hope that the requirement on the companies to do the risk assessments and on Ofcom to look at those will mean that those issues are stopped before they even get to the point of requiring parental controls. I hope that such an approach will make this safer by design when it begins to operate, rather than relying on having an active parent who is not working three jobs and therefore has time to moderate what their children are doing online.

[Jamie Stone]

The hon. Lady makes an excellent point. Let me just illustrate it by saying that each of us in our childhood, when we were little—when we were four, five or six—saw something that frightened us. Oddly enough, we never forget that throughout the rest of life, do we? That is what bad dreams are made of. We should remember that point, which is why those are wise words indeed.

Finance (No. 2) Bill

Debate between Kirsty Blackman and Jamie Stone

Committee of the whole House
Wednesday 19th April 2023 Commons Chamber

[Jamie Stone]

You’re dead right—I stand corrected by my right hon. Friend. Tourists love it and it contributes a huge amount to the Exchequer. It matters passionately to my constituents and to me. If I do nothing else for my constituency, I will try to boost the economy in every way I can because every job counts. I rest my comments with that.

[Kirsty Blackman]

I fear that, if I was to talk about the names of all the distilleries in my constituency, the debate would be much shorter than if the hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone) were to do so. In fact, I have much more of a tendency to drink gin than whisky, although other spirits are available.

It was interesting to hear the words “economically fragile”. That is an incredibly good point. Rural depopulation is a real issue. The Scottish Government are doing what we can to ensure that it does not continue, but if the UK Government keep working against what we are doing to encourage people to live and stay in our rural communities, we will have a real problem. That is not a small thing.

We tabled our amendments because we specifically wanted the word “whisky” on the Order Paper and we wanted to make the case in relation to whisky. However, I will not be pushing our amendments to a vote, and will support that of the right hon. Member for Orkney and Shetland (Mr Carmichael) because I concede that his is better. I am always happy to do that in such situations.

The reality is that Scotch whisky is 4.9% of the Scottish economy. Some £8.1 billion can be attributed to the sale of alcohol, around 60% of which comes from whisky exports. The numbers stated by the right hon. Member about how the differential rates work and how much people are taxed on those 14 units were incredibly interesting. The Government’s purpose is to make money from some of the alcohol measures, but there is also a population behaviour change intention behind what they do with tax on spirits and alcohol, particularly the allowance on draught beer. They have different taxes to encourage a change of behaviour, or differential behaviour in people. The Government may intend to use this tax to shift some of the population, but they are actually discouraging people from buying the very spirits that a huge amount of our livelihoods relies on. It is the case that 90% of spirits in the UK are produced in Scotland. The Government’s measures therefore have a massive negative impact on Scotland.

The average price of a bottle of Scotch whisky is £15.22 at a supermarket in Scotland. Following the new alcohol duty plus the VAT, £11.40 of that £15.22 will go to the Treasury. That is such a significant amount, and does not compare with other alcohol. I appreciate what the Government are trying to do on draught, and it is important that they have laid out their rationale for doing so—that was very helpful—but this is incredibly unfair and risks damaging those economically fragile areas, particularly in rural Scotland. Those areas have already suffered as a result of Brexit, with people’s reduced ability to freely move here.

I want to raise a small flag with the Minister in relation to the Public Bill Committee. When we come to that stage, I will be raising questions around clause 87, which is on post-duty point dilution of alcoholic products. I know there have already been problems in relation to that, so when we come to that stage of the Committee, I would appreciate Ministers being absolutely clear about their reasons for the changes in clause 87. If they are able to lay out those reasons clearly, that will reduce the number of questions I am likely to ask.

In summary, we support the amendment proposed by Liberal Democrat Members. We agree with the Scotch Whisky Association and think that the increase in duty is unfair and hits spirits, particularly Scotch whisky, unfairly. We want to stand up for our constituents, our constituencies, rural Scotland and Scotland as a whole in supporting the amendment.

The Economy

Debate between Kirsty Blackman and Jamie Stone

Thursday 24th October 2019 Commons Chamber

[Kirsty Blackman]

The SNP only walked out of this place because our leader was chucked out. We followed him out because we were standing up for the rights of the Scottish Parliament to stand up against the power grab this place was foisting on us.

A Panelbase poll came out a couple of weeks ago showing that more people in Scotland believe they would be better off in an independent Scotland within the EU than in broken Brexit Britain. We are winning the economic argument, and the Conservatives are losing it.

The Conservatives know they are losing the economic argument, which is why they are unwilling to publish an economic impact assessment of this deal. They are unwilling to allow the Office for Budget Responsibility to publish the figures on what will happen to the economy as a result of the Prime Minister’s Brexit deal. That is why they are wavering about the date of the Budget. If the Chancellor would confirm that the Budget will be on 6 November and that the OBR’s figures will be published, that would be welcome news, but he does not seem keen to see those figures come forward.

[Jamie Stone]

A vibrant Scottish economy, whether independent or within the UK, relies on a viable banking network. I will shortly have only one bank branch left in the whole county of Sutherland. Every time I have raised this, the Treasury has given me comforting words about 99% of the population having access to a local post office. Many of my constituents live 20, 30 or 40 miles, or even further, from the nearest post office or bank branch. Surely now it is time to take action on this serious issue, which fundamentally undermines the economy not only of Scotland but of the UK.

[Kirsty Blackman]

I agree. In fact, the SNP has been at the forefront of fighting rural bank closures, saying that post office services are inadequate and unable to take on the role being foisted upon them by the closure of banks. We will continue to do everything we can to support our communities and to ensure they have access to free local banking services, local to them, that they can get to by public transport, if at all possible. We will keep doing what we can.

Finance (No. 2) Bill

Debate between Kirsty Blackman and Jamie Stone

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 21st February 2018 Commons Chamber

[Kirsty Blackman]

No thanks.

It is not fair because those are the people who most need Government support, especially given the changes to tax credits and the negative impacts we have seen, with disabled people losing £30 a week. This is a major issue for the most vulnerable people. The Conservatives shout about the fact that tax rates for those who earn a reasonable income will be slightly higher in Scotland than in England, but it is clear that they support a different system that does not involve as much fairness as the system that we are trying to support in Scotland.

On the process of Budget scrutiny and the general process of scrutiny of Finance Bills, I have previously expressed vociferously my concerns about the fact that Finance Bill Committees do not take evidence. It would be much better if they did, and if they did, I would like to see them take evidence from organisations such as the Women’s Budget Group that can talk about the gender disparity in some of the tax decisions that are made. But I honestly do not think that that is enough. It is not enough to have scrutiny after the fact. Despite the Government moving to one fiscal event in the year, which is a change that I welcome, there is not the level of consultation that there could be before tax measures are suggested and put in place—before the Chancellor stands up and reveals his Budget.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

In a Westminster Hall debate this morning, I outlined the benefit that the European Community brought to my constituency through the funding of vital infrastructure projects. Of course, there is a revenue follow-on from that, because road improvements lead to people being able to get to hospital quicker and other things like that. We are grateful for that. Does the hon. Lady agree that, in respect of the Bill, it would have been helpful had some consideration been given to the effect of the reduction of that money and what that will mean for the UK Exchequer? Indeed, it would have been helpful to consider what that would mean in terms of helping the Scottish Government to replace that funding, as and when.

[Kirsty Blackman]

I agree with the hon. Gentleman’s point. I made the point earlier about regional differences and the impact of Brexit. It is important not only in relation to the GDP reduction that areas might see because they will not be able to trade as easily with EU countries, but in respect of the money that came from the EU and was used for things like infrastructure projects. It is important that the Government counter those reductions.

When the Chancellor stands up to give his spring statement, which we hope will be light on tax changes—that is what tax experts and the business community are asking for—and when he delivers his Budget, it is incredibly important that he has done as much consultation as possible beforehand. He should not only speak to business organisations and Conservative MPs, as I know he does, but open the net wider and consult in advance on any tax measures that he wishes to put in place. He should also take on board new clause 9, which would ensure that an impact analysis is carried out afterwards.