Oral Answers to Questions
Lindsay Hoyle Excerpts(1 week, 2 days ago)
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Lucy Frazer
This is a really important area, and I congratulate the Newcastle United women on their success and, indeed, all women taking part in sport. That is why, through the future Lionesses fund, we have invested £30 million for 30 pitches across the country to make sure that women get more activity and more opportunities to take part in sport. The specific question was about engagement with the Department for Education, which I have regularly. In fact, it sits on the taskforce I was talking about to get more people active, as do other Departments. We all need to work together to make sure we get more sport in school, more people active and equal opportunities for young girls in schools across the country.
Thangam Debbonaire (Bristol West) (Lab)
More than 1 million girls who considered themselves sporty while at primary school drop out of sport as teenagers. I was one of those girls, and I did not do any sport from puberty until my late 40s, when I discovered running. This weekend, I will be running my second London marathon in aid of Bristol Refugee Rights—feel free to donate. On this Government’s watch, inequality between girls and boys on physical activity has got worse, with 22% fewer girls than boys taking part in team sports. I do not want any tepid words about things the Secretary of State says she is committed to. We have 860,000 girls missing out on the joy of physical activity—why?
Mr Speaker
I call Tanmanjeet Singh Dhesi to ask question 3. [Interruption.] Will the Secretary of State answer the question and allow the shadow Minister to come in?
Mr Speaker
Can you sit down, please? Question 2 has been withdrawn. We are now at question 3.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
Julia Lopez
I disagree with the hon. Gentleman. The Government brought in the Consumer Rights Act 2015, which was strengthened by the Digital Economy Act 2017, which brought in anti-bots regulation that dealt with some of those secondary ticketing issues. It is a tricky problem to solve. We are trying to do so through those regulations, but if there is more that we can do, we will look into that.
Mr Speaker
Order. The hon. Member complained about the other question, but it is not my fault that no Government Members have stood to ask a supplementary question. I keep a political balance, and I am not going to break that for him. I call Thangam Debbonaire.
Thangam Debbonaire (Bristol West) (Lab)
Ticket touts are a scourge on our live music industry. Secondary ticketing websites inflate prices and pocket the profits, which makes cultural and sporting events unaffordable for many families and damages the relationship between fans, artists and venues. While the Government fail to act, Labour has committed to tackling soaring ticketing prices on the secondary market. Surely the Minister agrees that only Labour will put fans back at the heart of music and cultural events.
Julia Lopez
I thank my hon. Friend for raising that important point. It is something that we support when an asset is in the community rather than on the existing military estate. I recently visited the battle of Britain bunker at RAF Uxbridge, where there has been an amazing partnership with the local council. She raised an issue specifically about MOD sites that are still in use, which we shall be very happy to look into for her.
Lilian Greenwood (Nottingham South) (Lab)
The Heritage Alliance estimates in its refreshed manifesto that the UK needs to double the number of conservation-skilled retrofit workers if we are to meet our net zero targets by 2050. Our built environment is at risk, yet the Government have stalled on training and have no plan to upskill the next generation. Labour will change the apprenticeship levy, making it more flexible to ensure that workers have the skills they need for the future. What is the Minister doing to meet the workforce challenge of retrofitting our heritage buildings?
Stuart Andrew
I know that there have been many discussions about sponsorship within various sporting bodies. It is for the individual clubs and the football authorities themselves to set guidelines of that kind, but the hon. Lady has raised an interesting point and, if she will allow me, I will give it further consideration.
Stephanie Peacock (Barnsley East) (Lab)
Everyone deserves to feel safe playing the sport that they love. In the context of, sadly, too many former professional players suffering from dementia, what steps is the Department taking to ensure that sports governing bodies have the guidance they need to ensure the safety of professional players?
Oral Answers to Questions
Lindsay Hoyle Excerpts(2 months ago)
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Julia Lopez
I can provide my hon. Friend with that assurance. We are aware that the proliferation of short-term lets has caused real concern in communities such as his. We do not want to clamp down in a way that will make life difficult for people who rent out their rooms on a very irregular basis, but as he said, when whole streets are causing a problem, we think the most important thing is that we get an understanding of the scale of the problem. Our scheme is designed to give us that data and the next steps can be taken after that.
Daniel Zeichner (Cambridge) (Lab)
Cambridge has long suffered from the antisocial behaviour problems associated with short-term lets and Cambridge City Council has long asked for action, so I welcome this long overdue announcement. Will the Minister say more about enforcement and the resources that are needed for councils to enforce, so that we can actually deal with the antisocial behaviour problems that, sadly, too often come with short-term lets?
Stuart Andrew
The hon. Lady is right that the rules for the land-based sector have been very out of date for some time. That is why doing these consultations has been really helpful; it has identified further work that needed to be done. We have had a second consultation on some of that but, again, we will still be on course to implement the changes by the summer.
Thangam Debbonaire (Bristol West) (Lab)
The unregulated black market for gambling causes untold devastation to people’s lives, even when they are trying to quit, so what are the Government doing to protect families from the illegal black market in gambling?
Stuart Andrew
Having been a head of fundraising for a charity, I recognise the position charities face when donations fall at the minute they need to help more people. That is why we have provided £100 million in funding and added another £76 million from dormant assets to help charities in that difficult situation.
Thangam Debbonaire (Bristol West) (Lab)
On Monday it was a privilege to speak at the launch of the “State of the Sector” report, which found that charities are propping up Government services by £2.4 billion a year. Will the Minister tell me why the Government expect the charitable sector to pick up the tab for Government responsibilities in the first place?
Lucy Frazer
I recognise the point that the hon. Member makes in relation to the importance of protecting creative rights—the creative ingenuity that is such an important part of both our British culture and economic value. That is why I am hearing from the sector, and why, in the Government’s AI White Paper, we recognise the importance of ensuring greater transparency from AI developers. We are continuing to work on that across Government.
Sir Chris Bryant (Rhondda) (Lab)
I am sorry, but the Government’s answer to the Chair of the Culture, Media and Sport Committee was a load of hot air that could have been written by ChatGPT, except ChatGPT would have done a better job of it. The truth of the matter is that the Government’s flagship on AI as it relates to creative industries, which is meant to be protecting the moral and economic rights of artists, musicians, and authors, while at the same time recognising the important advances that AI can bring, has sunk. Last June, the Secretary of State said that if the code of practice was not achieved, legislation could be considered. So, in the words of Paul Simon, when is she going to make a new plan, Stan?
The Minister for Media, Tourism and Creative Industries (Julia Lopez)
I thank my right hon. Friend for raising the beauty and heritage of Gainsborough. Heritage, of course, has a vital role to play in levelling up, and can act as a powerful catalyst to increase opportunities and prosperity. We recognise the opportunity that historic high streets give us, and we have a £95 million high streets heritage action zones programme that is driving the regeneration of 67 of our towns and cities. I believe that Gainsborough has previously been a recipient of heritage lottery programmes, and we also have a scheme to help with historic churches.
John Nicolson (Ochil and South Perthshire) (SNP)
Coverage of yesterday’s Commons chaos showed how desperately we need good-quality journalism, so I am concerned about BBC Scotland’s request to Ofcom for a reduction in its broadcast news output, especially the loss of “The Nine”. BBC Scotland’s TV news had something of a couthie image until “The Nine” came along, placing Scottish news in the context of UK and international news. It was a compromise offering for those who wanted a “Scottish Six” on BBC 1. Although “The Nine” created a pathway for young talent, I said at the time that its slot—tucked away on a channel that many struggled to find—could be its undoing, and now it has been pulled. In an election year, we need more scrutiny of politicians, not less, and the need for a properly resourced “Scottish Six” remains. I hope Ofcom will say no to the proposals, and I know that the Cabinet Secretary for culture, Angus Robertson, opposes the reduction in news output. Does the Minister?
Lucy Frazer
My hon. Friend is a massive champion for her area—she has previously raised this issue with me and with the sport Minister. As she rightly recognised, levels five to 10 of the English football league system are administered by the FA, and decisions regarding which league a team plays in at those levels are for the FA in its role as governing body. I am sure the FA is listening to my hon. Friend’s concerns and will have heard her plea this morning.
Barbara Keeley (Worsley and Eccles South) (Lab)
This week in the House, I raised with the Economic Secretary to the Treasury the fact that serious delays in His Majesty’s Revenue and Customs issuing A1 forms mean that touring musicians are waiting months to be paid. A1 forms ensure that musicians do not have to pay additional tax when touring in the EU, but some musicians are waiting six to nine months, or even a year, for those forms. One leading singer told me that musicians feel like “hostages” of HMRC incompetence, so what is the Secretary of State doing alongside Treasury Ministers to sort out this mess, which is hitting UK musicians so hard?
Stuart Andrew
My hon. Friend has done a lot of work in this area. We are absolutely committed to introducing the recommendations of the White Paper, which we have published, and a Bill will be published shortly.
Andrew Selous
Indeed I do. On embedding that work, it is good news that my hon. Friend’s International Freedom of Religion or Belief Bill had a successful Second Reading in this House on 26 January, and that it goes to Committee in April. I am glad that the Bill is strongly supported by the Foreign Secretary, and that the Bishop of Winchester has offered to take it forward in the other place; of course, he was the person who wrote the original report. However, my hon. Friend’s challenge is fair. As our Government step up on this global challenge, the Church of England and the Anglican communion need to as well. I will pass her remarks back to Lambeth Palace.
Mr Speaker
That completes the questions, but I would like to answer Sir Charles. The security of all Members really matters. It is taken very seriously in this House. Work is ongoing, and I am having serious conversations about what we do going forward. I can tell you that we have some of the best people working on it, and I would like to thank them for what they do.
Telegraph Media Group: Proposed Sale to RedBird IMI
Lindsay Hoyle Excerpts(2 months, 4 weeks ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister for Media, Tourism and Creative Industries (Julia Lopez)
I am grateful to my hon. Friend for tabling the urgent question for the second time in as many days. This is a media-focused day for me, as I will take the Media Bill through its remaining stages straight after the urgent question, so forgive me if one has made me insufficiently prepared for the other, or vice versa.
I am in the frustrating circumstance that I can say only what is publicly known and nothing of the specifics in answer to questions about the ownership of the Telegraph Media Group, which contains two of the world’s greatest newspapers—The Sunday Telegraph and The Daily Telegraph—and, in The Spectator, the oldest surviving weekly magazine in the world.
As hon. Members will be aware, my right hon. and learned Friend the Secretary of State for Culture, Media and Sport has issued a public interest intervention notice in respect of the anticipated acquisition of the group by RB Investco Ltd, further to the notice issued in November in respect of the RedBird IMI media joint venture, which remains in force. She is leading this process and examining it in great detail and with great care, but it is a quasi-judicial process, involving the Competition and Markets Authority, which looks at jurisdictional and competition matters, and Ofcom, which will be reporting to her on public interest considerations in relation to the media, expressly accurate presentation of the news and free expression of opinion. Both reports will be returned on 11 March.
My right hon. and learned Friend, as a very assiduous and diligent KC, is making sure that I, as Media Minister, am absolutely excluded from the process, because that is what it demands. I am not permitted to know about the scrutiny that is under way, or to interfere with it. She is also not permitted to take into account any political or presentational concerns in her deliberations, and we would not wish to cause there to be any chink of light here that would leave the process open to judicial review. That leaves me in an unenviable position: I face understandable expert probing by hon. Members, to whom I can offer no answer beyond what is in the public domain. However, this urgent question is as much an opportunity for hon. Members to make their concerns clear and their views known, as it is an opportunity for me to answer them. So I say: be heard, loud and clear.
Straight after this urgent question, I will take the Media Bill through its remaining stages and make the case for that legislation in broad terms. I will argue that a free media, not interfered with by Government or indeed Governments, able to articulate and reflect a broad range of views, free to speak and create, and able to project to the world what democracy, a plurality of views and debate truly mean, is something important that we should value. In many respects, it underpins what we mean by a free society. Of course, we all know that; it is something that we repeat, automaton-like, in a way that risks giving rise to complacency. However, as I watch the actions of authoritarian states in these times of turbulence; as I see western democracies in a knot of angst over our values; and as I see our populations question, from the safety of these shores, whether our values still matter, I am reminded of the need to make that case again and again.
I cannot speak to the specific media ownership question—I know hon. Members will understand that, and will help me keep within the tramlines—but I can speak about media freedom; the need for media to be separate from political and Government interference; the importance of a British voice, domestically and internationally; and the pride we can feel in media institutions, such as those in the Telegraph Media Group, some of which date back two centuries and drove changes in this nation as profound as the Great Reform Act. To this day, those who write for those institutions ask questions of us all with a rare inquisitiveness and preoccupation with truth. [Interruption.] I shall finish shortly. I will be hearing—
Mr Speaker
Order. Please do not tell me what you are going to do. I am in charge of the time. You are way over, and I expect you now to finish quickly.
Julia Lopez
I apologise, Mr Speaker, for over-speaking. I will listen to the points made, in the broadest of terms, and I suspect that I may agree with many of them.
Julia Lopez
I thank my hon. Friend for her questions. As she is aware, a public interest intervention notice has been issued in this case, which means that I am not able to speak to a number of the points that will likely be raised. However, powers under the Enterprise Act 2002 allow us to look into acquisitions of this nature and to examine issues of media freedom of expression. We also have powers under the National Security Act 2023; the Cabinet Office has a role there. That will allow the Culture Secretary to look at some of the questions that my hon. Friend raises.
There will now be an investigation by not only the Competition and Markets Authority, but Ofcom, which will look into all these questions in great detail. That will allow the Secretary of State to make a judgment on what action she takes next. There may potentially be a longer investigation, after which she could be offered particular remedies, or could prevent a transaction. However, at this stage, I cannot speculate on what action she is likely to take.
Thangam Debbonaire (Bristol West) (Lab)
I am frustrated with the Minister. I want to thank her for her answer, but frankly, it was not an answer. The hon. Member for Rutland and Melton (Alicia Kearns), the Chair of the Select Committee on Foreign Affairs, asked perfectly reasonable questions, which did not go into the specifics and zoomed out to the general, yet we still have no answers. A strong and independent free press is a cornerstone of democracy. We have a long history of that in the UK; The Spectator is the oldest magazine in the world. It is the responsibility of Government, regardless of their political persuasion or the newspaper under discussion, to safeguard the freedom to scrutinise, to expose wrongdoing and to speak truth to power.
We on these Benches recognise the legitimate public interest concerns raised over the proposed acquisition of the Telegraph Media Group, including about the accurate presentation of news, free expression of opinion in newspapers and the competition issues. I welcome the fact that the Government have asked further questions, and I await the conclusions of the investigations by the Competition and Markets Authority and Ofcom in full. But The Telegraph has been up for sale for months—the Secretary of State issued her first public interest intervention notice on 30 November. This process is ongoing. Employees at The Telegraph and The Spectator have been left in limbo, and senior journalists have expressed significant concerns.
Can the Minister tell the House why the Secretary of State has granted an extension to the deadline by which she expects to receive reports from Ofcom and the CMA in relation to the PIIN? I am sure she cannot, but I am just going to ask anyway. Can the Minister tell the House—this is a general one, so maybe she can—whether, in the light of the proposed sale, she has any plans to review the existing rules on media ownership? Has she or the Secretary of State considered that or had any conversations with colleagues about it?
With a general election approaching, in a significant year for democracy across the world and with record numbers of people going to the polls, the freedom of the press has never been more important. Now is not the time for the Government to have no answers or to be asleep at the wheel.
Oral Answers to Questions
Lindsay Hoyle Excerpts(3 months, 2 weeks ago)
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Julia Lopez
My right hon. Friend has made his point well, if not briefly. We agree about the importance of grassroots music, which is why we have given another £5 million to the supporting grassroots music fund, but we are also in close touch with the Music Venue Trust, which has a great initiative called “Own Our Venues”. Arts Council England is helping with the purchase of some of the freeholds of these venues. We support that as well, but we think there is more scope for the industry to lead a solution, and we are backing talks between different parts of the industry.
Pete Wishart (Perth and North Perthshire) (SNP)
The music industry is just about the most unequal sector in the whole of society. Those at the bottom—the vast majority—earn an absolute pittance, while those at the very top have unimaginable earnings. Surely we should be doing everything possible to try to change that. It is the sensible option: they do it in France, and the Scottish National party Government are considering doing it in Scotland. Will the Minister support that effort and initiative in Scotland, and if it shows that it can help redistribute some of this money, will she follow that example?
Julia Lopez
I thank the hon. Lady for raising these issues. I know that sustaining a good, financially beneficial career is a concern for many people working in journalism. Before I went on leave, I met Reach and other local newspaper groups to talk about some of the challenges they face. The Government are doing what we can through our ad spend, and we have looked at various things over the years, including zero rating of VAT, rates relief and so on, to try to help the sustainability of the local newspaper model. Ultimately, sustainability is at the heart of the challenge of giving local journalists places to have good careers. We are encouraging the BBC’s local democracy reporting service, which gives journalists opportunities beyond local newspapers.
Stephanie Peacock (Barnsley East) (Lab)
I welcome the Minister back to her place. The Government are one of the biggest advertisers in the UK yet, when it comes to placing adverts and campaigns, local papers such as the Barnsley Chronicle can be overlooked in favour of buying ad space online. Many people in this country do not have digital access or still rely on print media as their primary source of news and information, and our local papers are struggling. What steps is the Minister taking to ensure that the Government’s policy on placing adverts supports the interests of both our press and the public?
Stuart Andrew
First, let me pay tribute to the hon. Lady for the work she does with those charities. The partnership between Government and charities has made the UK one of the world’s leading countries on tackling loneliness. That is why in the Budget in 2023 we announced £100 million of support for charities and community organisations, recognising the challenges they face and paying tribute to them for the work they are doing in tackling this important issue.
Lilian Greenwood (Nottingham South) (Lab)
When the Government released their national strategy in 2018, we had a far more limited understanding of loneliness, its consequences and the effectiveness of interventions than we do now. However, despite six years of hard work and good initiatives, the problem has got worse; the level of loneliness has risen by half a million since 2020. As my hon. Friend the Member for South Shields (Mrs Lewell-Buck) said, the pandemic and now the cost of living crisis have created new pressures, and with charities and local authorities facing higher demand and rising costs, it is increasingly difficult for them to respond. Given all those challenges, what has the Minister done to prepare for a refreshed national strategy to tackle loneliness?
Julia Lopez
I was not aware of this outrageous oversight on paths and signage, so I will raise it with Lord Parkinson at the next opportunity.
Sir Peter Bottomley (Worthing West) (Con)
Will the Minister help the heritage of Victoria Tower Gardens and the voluntary organisations London Parks & Gardens Trust and the Thorney Island Society by getting the UK Holocaust Memorial Foundation to unredact the minutes of December 2018, so that I can quote them when I appear at the hybrid Bill Committee on Wednesday?
Julia Lopez
I thank my hon. Friend for his question. He is absolutely right: trust is the BBC’s currency. That is especially important in relation to its international coverage, particularly during conflicts, so it must use its words with care. With regard to the events in Israel and Gaza, the Government have been clear that the BBC should reflect on its coverage and learn lessons for the future, but, of course, we again emphasise impartiality and the highest editorial standards. That is a strategic priority of the BBC’s leadership, and we are talking to them about this in relation to the mid-term review and licensing renewal.
John Nicolson (Ochil and South Perthshire) (SNP)
As an ex-BBC reporter, I am in awe of my former colleagues’ bravery and impartiality when they cover world affairs. We have all followed with horror the Israeli bombardment of Gaza. Reporters Without Borders says that it appears that Israel is now directly targeting journalists. The Al-Jazeera bureau chief has had three children killed, including his journalist son—what unimaginable pain. Another Palestinian journalist, Ayat Khaddoura, said:
“When will this war end? Who will tell the world what we went through and what we saw?”
I bring her question to the House as she is no longer alive to do so. Can the Minister share with journalists across the world how the Government’s refusal to call for a ceasefire is advancing the cause of journalistic freedom or peace in the region, and can she tell us who the Government’s position has persuaded apart from those on the Labour Front Bench who remain limpet close to the Tory position on Gaza, as on so many other issues?
Mr Speaker
That question was a long way from the impartiality of the BBC. We must ensure that we stick to the subject of the question. I suggest to the hon. Gentleman that topicals would have been a much better place for his question. Minister, can you pick out the part that you need to?
Julia Lopez
I simply wish to pay tribute to every journalist who puts their life on the line to bring truth to the public’s attention. They play an incredibly important role. We are proud of what the BBC journalists do in particular. They have also done some awesome things in Ukraine. As a Government, we just want to say that we support their work and pay tribute to them.
Lucy Frazer
I recognise Rachel’s success as the top scorer in the women’s super league last year. We support sport at every level. Sport England’s This Girl Can campaign, funded by the Government, inspires millions of women and girls to get involved in all sports. The School Games programme, also funded by the Government, encourages children to take up sport and get active.
Thangam Debbonaire (Bristol West) (Lab)
Unfortunately, in recent weeks there has been a spate of disgusting sexist, misogynistic abuse directed towards sportswomen just for being at the top of their game. I know that the Under-Secretary of State for Culture, Media and Sport, the right hon. Member for Pudsey (Stuart Andrew), has been on the receiving end just for standing up to it, which I commend him for. I agree with him that vile, misogynistic comments are dangerous. The reality is that they are putting women and girls off sport. Does the Secretary of State agree that every sporting organisation should have a strategy to eliminate all forms of sexual harassment and abuse?
Andrew Selous
I am grateful to my right hon. Friend for bringing this issue before the House. He is right: a century ago, a quarter of Jerusalem was Christian; now, just 1% of the population is, and in the Armenian quarter of the old city, the Christian presence has come under intensified threat from intimidation and aggressive property acquisition by settlers. The Church of England is very concerned that the rule of law should prevail in Israel and the status quo be maintained. It is unconscionable that Christians should be driven from the holy land.
Sir Peter Bottomley (Worthing West) (Con)
On a point of order, Mr Speaker?
Sir Peter Bottomley
I am grateful. When I referred to December 2018, I should have made it clear that that was the date of the freedom of information request by Dorian Gerhold. I shall write to the Minister explaining what information I want.
Oral Answers to Questions
Lindsay Hoyle Excerpts(5 months, 1 week ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Sir John Whittingdale
There is a great deal of work going on around AI to develop a framework of regulation, as was originally set out in the White Paper. The hon. Gentleman’s point about algorithmic bias is a serious one; it is being studied by the Centre for Data Ethics and Innovation, and obviously we will look very carefully at that.
Thangam Debbonaire (Bristol West) (Lab)
People working in the creative industries have been completely let down by the Tories, including on real concerns about the impact of AI. The Government have not responded to the consultation on their own AI White Paper or the report on AI and the creative industries. They have not got to grips with the issue at all. Creative people need to know whether they will be properly rewarded for their incredible talents, now and in the future. When will the Government set out a proper plan to protect creators?
Stuart Andrew
I know that my hon. Friend has a keen interest in this area. We absolutely recognise the relationship between betting and racing, and have no intention of over-regulating. In fact, it is the current system that is inconsistent, and we want to bring some uniformity to it. We have had several meetings with racing stakeholders, the gambling industry and the Gambling Commission this week. We have been very clear that we will not mandate checks until we are confident that they are frictionless and that the majority of those who enjoy gambling safely can continue to do so, while protecting those who may enter gambling harm.
Jim Shannon (Strangford) (DUP)
I thank the Minister for his response. The terrible weather conditions in the last three or four weeks has had an impact on the horse- racing sector. The races at Down Royal, on the edge of my constituency, were cancelled because the flooding was of biblical proportions. Horseracing is very important to my constituents, and many people are involved in it. That had an impact on their ability to attend. Has the Minister had discussions with other Departments to ensure that any help that can be given to the horseracing sector for those races that were lost is given?
Lucy Frazer
I understand the hon. Member’s concerns: Bury has suffered in the past, as have many other clubs across the country. That is why we are bringing in a regulator. I have had a number of conversations with the leagues, my parliamentary colleagues and fans to make sure that we get the regulation right. We committed in our manifesto to bring forward a fan-led review White Paper. We have done so, and we are at a very advanced stage, having announced the football governance Bill in the King’s Speech. I note that Labour did nothing in its 13 years in office.
Dame Caroline Dinenage (Gosport) (Con)
The inclusion of football governance in the King’s Speech is very welcome. Will my right hon. and learned Friend confirm what discussions she has had with the FA on whether the independent regulator will include women’s football, and when the Government intend to publish their response to the Carney review?
Lucy Frazer
We want to ensure that we get the regulator right. It is essential that we protect fans and bring forward the legislation that the Labour party failed to bring forward. The legislation will strike absolutely the right balance between protecting fans and ensuring that our premier league and our football remain a competitive, world-class sport across the globe.
Stephanie Peacock (Barnsley East) (Lab)
Football clubs are more than businesses; they are at the heart of communities up and down the country, but too many clubs are being pushed to the brink, leaving fans from Scunthorpe to Reading worried that their club might be damaged beyond repair by the time a regulator is brought in. Will the Secretary of State update us on what immediate action and interim measures the Department is taking to ensure that an independent regulator for football is ready to go as soon as new legislation is passed?
Michael Fabricant
If I were to say, “Hey, Siri, can I have GB News radio?” or “Alexa, play GB News radio”—[Interruption.] Of course I would say GB News radio. It is the most successful news channel now, pulling in a bigger audience at most times of the day than either the BBC News channel or Sky—TalkTV cannot even be measured. Anyway, I am going off the subject.
Mr Speaker
Order. I am trying to help you, because if you do not get to the question, you will not be asking it. Come on!
Michael Fabricant
My question is: what provisions are in place, if any, to ensure that if I do say those things, I get GB News radio, not another channel, and I am not charged for it?
Lucy Frazer
The measures in the Media Bill will protect the position of radio in relation to voice-activated smart speakers, ensuring that listeners can find their favourite radio stations on request. In particular, when a listener requests a specific station, they should receive that station.
Sir John Whittingdale
I am sorry that I was unable to hear the visiting group from the hon. Lady’s constituency, but I am delighted that it came. As I have said, we are investing £25 million in the provision of musical instruments through music hubs. I can tell her that the proportion of pupils studying for a music qualification at key stage 4 over the past years has remained stable at about 7% to 8%.
Barbara Keeley (Worsley and Eccles South) (Lab)
I have to say that the Bath young carers played wonderfully, and I really enjoyed listening to them.
Ofsted recently stated that there remains a
“divide between children and young people whose families can afford to pay for music tuition and those who come from lower socio-economic backgrounds.”
I share the concern just expressed about the impact this is having. The money promised for musical instruments in June 2022, which the Minister has just mentioned, has still not been distributed to schools, and it now sounds as though that money is not going to arrive until autumn 2024. Will that delay not just mean that more children are not able to learn to play an instrument? What action can the Minister take to speed it up?
Eddie Hughes
I am delighted to have to declare an interest, because my cousin, Ray Reidy, has just been appointed interim chief financial officer at Aston Villa. As an Aston Villa fan myself, I know how difficult it is to get away from a game using Witton train station. Will the Minister join me, Andy Street and the combined authority, in working to develop the capacity of Witton train station in advance of that stadium being used for the Euros in 2028?
Sir John Whittingdale
We are continuing to work to make it easier for musicians from this country to tour in Europe, and we have managed to establish arrangements with 24 out of 27 member states that now allow visa and work permit-free routes for UK performers for short-term touring. We continue to engage in discussions with countries individually to make further improvements.
Kirsty Blackman (Aberdeen North) (SNP)
The post-Brexit tightening of immigration rules and the Brexit-caused cost of living crisis are having a disproportionate impact on the creative sector, as the UK Government continue to squeeze public services. In advance of the autumn statement next week, what representations are the Secretary of State and the Department making to the Chancellor to ensure that the creative sector is adequately funded and protected, so that Scotland can receive the Barnett consequentials from that in order to continue to support our wonderful and, as the Minister says, world-leading creative industry?
The Secretary of State for Culture, Media and Sport (Lucy Frazer)
May I first welcome the new Secretary of State to her place—[Interruption.] I mean the shadow Secretary of State. I also welcome all the new Ministers: it is a pleasure to work with them and I look forward to doing so over the coming months.
Since we last met for questions, my Department has been busy delivering on the priorities of the Government. On Monday, the Under-Secretary of State for Culture, Media and Sport, my right hon. Friend the Member for Pudsey (Stuart Andrew) and I met more than 150 businesses in Manchester to ensure that we build the creative industries not just in London but across the north. We made an announcement to drive growth in our creative industries with more than £10 million to scale up hundreds of creative industry businesses.
We are protecting and upholding media freedom, with an updated national action plan for the safety of journalists, and a new taskforce to tackle the misuse of strategic lawsuits against public participation by individuals who want to muzzle the press. As well as that, we are creating opportunities across the UK—
Mr Speaker
Order. I am sorry, but we have only eight minutes for topicals and I really am struggling to get everyone in. I call Gavin Newlands.
Gavin Newlands
Tonight, Scotland will play what amounts to a dead rubber because we have qualified for the Euros with two games to spare. It is an unusual feeling for us and we do not know quite what to do. Generations of young Scottish football fans, unlike their English and Welsh counterparts, are unable to see their national football team on free-to-air television. Scotland is one of only seven out of 55 UEFA countries where the national team is hidden behind a paywall. In these times when families are really struggling, does the Secretary of State think that is fair in principle?
Lucy Frazer
I did not catch all of the hon. Gentleman’s question, but I think he asked about broadcasting rights and Scottish teams. He needs to understand, because he raises this question from time to time, that there is a balance between audience numbers and commercial revenues for sport. As he knows, sport is devolved to the Scottish Government—
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (Con)
Andrew Selous
The payments by parishes to dioceses, often known as common fund or parish share, are voluntary payments towards the cost of ministry in those parishes and in the wider Church. It is a matter for dioceses how they work with their parishes to encourage them to contribute, but I would certainly very strongly encourage every church to make a fair contribution to the costs of their ministry and, where they can, to help others in poorer areas.
Sir Peter Bottomley (Worthing West) (Con)
I reinforce what the right hon. Member for Exeter (Mr Bradshaw) said about the general welcome in the House for the movement towards equality and fairness. We have had it on ordination; we now have it on same-sex relationships up to a point. Through my hon. Friend, I ask those who are disappointed with this movement forward to think of the pain that they have caused by resisting the change for so many people, whether by sex or orientation, over the past decades.
Sir Charles Walker
I also want to say what an honour it is to be answering questions on behalf of the Restoration and Renewal Client Board in addition to the Commission—two fabulous bodies led by you, Mr Speaker.
Oral Answers to Questions
Lindsay Hoyle Excerpts(10 months, 2 weeks ago)
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Lucy Frazer
The hon. Gentleman is absolutely right to highlight the importance of sport. A significant proportion of the £300 million that is going into sports facilities across the country will go to disadvantaged areas. As I mentioned, we are bringing forward a sports strategy that will set out how we ensure that everybody around the country can take part in sport and that it is inclusive for everybody.
Mr Speaker
Obviously, if we beat the Australians in the tests, that would be even better for young people. Let us go to Chris Elmore, a big cricketer.
Chris Elmore (Ogmore) (Lab)
Stuart Andrew
We took careful consideration of precisely that matter when we developed the White Paper. The financial risk checks outlined in that White Paper will be designed so that they are frictionless. The majority of people who enjoy a flutter and for whom it causes no harm whatsoever will not notice any difference, but hopefully this will identify much earlier on those who are getting into an area where this is causing harm, so that we can act fast. The racing industry can be assured that the Government are on its side.
Jim Shannon (Strangford) (DUP)
If you take my tip, I am afraid you will be in trouble, Mr Speaker. I am not a gambler, but I do have a very active and vibrant horse sector in my constituency. There is racing at Maze and at Downpatrick. The sector is so important. Gambling, which sits alongside that, is also important for the horse-racing sector. Can the Minister assure me that whatever happens in relation to the gambling review, the horse sector will benefit, which will be to the benefit of my constituents in Strangford?
Sir John Whittingdale
I recall the debate that has already taken place in this House on this matter, which was very widely attended. We heard from across the Chamber how much local radio is supported in each of the various areas represented by Members who spoke. The BBC does do a lot of consultation, but I agree that it is very important that local people should be able to make their views known on that proposal.
Stephanie Peacock (Barnsley East) (Lab)
It is one of the BBC’s public purposes to reflect, represent and serve diverse communities of all of the UK’s nations and regions, yet when deciding to change local radio programmes so that they are regional after 2 pm—further to the question asked by the hon. Member for South West Bedfordshire (Andrew Selous)—the BBC did not offer the communities affected any form of public consultation. Does the Minister agree that losing local radio as we know it would inevitably weaken the BBC’s ability to fulfil its purposes, and that it is not too late for the BBC to think again?
Sir John Whittingdale
The BBC is not proposing to scrap local radio. However, the changes proposed will mean that, for parts of the day and at weekends, areas of the country will be part of a much bigger area for broadcast than previously. That is what is causing concern. I know that the BBC has met hon. Members in this House recently, but I encourage hon. Members to continue to reflect the views of their constituents directly to the BBC.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
Stuart Andrew
The hon. Lady is absolutely right to highlight the importance of the work of many swimming pools and leisure centres up and down the country. It is precisely because of the messages I heard from them that we were successful in getting that £60 million in the Budget. £20 million of that will help with initial costs, and the other £40 million will help to make those swimming pools and leisure centres more resilient in the future. The criteria will be released very shortly so that the hon. Lady’s particular pool can apply for that money at that time.
Jeff Smith (Manchester, Withington) (Lab)
It has now been three months since the £60 million swimming pool support fund was announced, and still nobody has received any money. As the Minister has said, £23 million is revenue funding, which according to the Local Government Association works out at only £25,000 per pool, and that will not arrive until September. The rest is capital, which will be allocated by a yet to be determined bidding process and will not happen until December. Why is it taking so long to get even this level of support out when our swimming pools are at risk of closure?
Sir John Whittingdale
My hon. Friend is a fantastic champion of his constituency and in particular its railway heritage. A number of different initiatives are planned. My noble Friend the Minister for arts has been talking to Network Rail about its plans to celebrate the 200th anniversary, and the Department for Transport is championing the bicentenary celebrations across Government. I encourage my hon. Friend to talk to the Department for Transport and Network Rail and to please come back to me or my colleagues in the Department if we can be of further assistance.
Kerry McCarthy (Bristol East) (Lab)
Sir John Whittingdale
We have reached a position where nearly all member states—24 out of 27—offer visa and work permit-free routes for musicians and creative performers, and we will continue to engage with the three remaining. We will also engage on this with the EU in our more general discussions. On the specific issue that the hon. Lady raises about portable instruments, while ATA carnets are new for touring in the EU, arrangements are more workable than has sometimes been reported. We have confirmed that portable musical instruments carried in or on a vehicle can be transported cost free and should not require ATA carnets.
Barbara Keeley (Worsley and Eccles South) (Lab)
This year, there will be a third fewer British performers playing at festivals across Europe than before Brexit. Whatever the Minister says, I have heard from orchestra leaders that promoters in Europe are now less willing to book UK musicians. The difficulties of touring now include impractical cabotage rules, the steep cost of carnets, and the bureaucratic nightmare of A1 forms and CITES—convention on international trade in endangered species—certificates. How can we be a truly global Britain when the Government are not acting to remove these barriers to international touring for musicians?
Sir John Whittingdale
We are fortunate in this country to have some of the finest performers in the world, and I am keen to ensure that as many people across the world are able to enjoy their performances, so we will continue to work on this. As I said to the hon. Member for Bristol East (Kerry McCarthy), we have already made significant progress in obtaining visa agreements so that musicians no longer have to obtain visas, and we will continue to work with the Musicians’ Union and others to make it easier in the future.
John Nicolson (Ochil and South Perthshire) (SNP)
This is all of course very much worse than the situation that existed before Brexit. Paul Smith, the chief executive officer of the VOCES8 Foundation, a UK touring group with a music education programme, has described Brexit as a “bl— nightmare” for musicians looking to tour in the European Union, and has said:
“Our industry is on its knees and we have to fight more than ever”.
Talented Scottish singer Iona Fyfe has said that in Europe
“many promoters, festivals and organisers are simply choosing not to book emerging acts from the UK to avoid the bureaucratic headache.”
We have seen the loss of 50,000 jobs in the UK music sector since Brexit—a shocking waste of talent. How many more will it take before UK Ministers address their responsibilities to the sector and stick up for musicians?
Lucy Frazer
I am happy to join my hon. Friend in congratulating Dudley Town football club on its tremendous season, its league title and its promotion. I understand the importance to fans of where football is played, and fans want to watch their teams play in Dudley town. I wish the club well in its aspirations to return there.
Lucy Powell (Manchester Central) (Lab/Co-op)
On that note, perhaps the Secretary of State will also join me in congratulating my constituents and my club, Manchester City, on its historic treble-winning season. As yet another Premier League AGM passes, and Wigan Athletic faces a winding up order, why has the Secretary of State not personally done more to bring about a fair financial settlement with the English Football League and the Football Association, to address the problems set out in her own White Paper and press the Premier League to do more? Does she share my strong view that the football regulator must be given all the powers it needs to resolve this matter?
Lucy Frazer
Of course I congratulate Manchester City on its tremendous achievement. It is really important that football sorts out the finances within football. That is why we have consistently encouraged the Premier League and the EFL to come to some resolution, and I seriously hope they do. The hon. Lady will know that that is one of the reasons why we brought forward the White Paper, and why we are bringing forward regulation. I hope that football resolves this issue itself.
Mr Speaker
The Clerk of the House is in tears; he’s a Manchester United fan.
Mr Rob Roberts (Delyn) (Ind)
Andrew Selous
I am very pleased to be able to tell my right hon. Friend that the new co-director of music at St Mary’s church in Fordingbridge, Hazel Ricketts, is running a singing club, working with 53 children in local schools every week. Her expertise in church music will enable that work to expand next term to include all four local schools, both primary and secondary. I am sure that my right hon. Friend will want to go to enjoy this wonderful singing for himself.
Jim Shannon (Strangford) (DUP)
I am afraid that, as it says in the Bible, I make a joyful noise—it is never melodious, but it is always joyful and always noisy. I am very keen to encourage school choirs and church choirs to sing together. We have a tradition of that in my constituency. What can the hon. Gentleman do to ensure that Strangford can be a part of the project he is talking about?
Richard Thomson
The Under-Secretary of State for Levelling Up, Housing and Communities, the hon. Member for Bishop Auckland (Dehenna Davison), said that the evaluation of anecdotal feedback shows that the roll-out of voter ID has been successful. The Electoral Commission warned that the introduction of voter ID should be delayed until after the English local elections in May—
Mr Speaker
Order. The hon. Gentleman is meant to be speaking through the Chair. The advantage of doing it this way is that we do not personalise things.
Richard Thomson
My apologies, Mr Speaker.
Does the Electoral Commission now share similar views to the Department for Levelling Up, Housing and Communities that the roll-out of voter ID has been a success?
Cat Smith
The Electoral Commission will shortly be publishing its report on the local government elections in May. It will include data collected by returning officers, but also public polling to catch the people who did not get as far as the polling station. The issue of equality impact assessments is a matter for the Government, and I would encourage the hon. Lady to raise it during the upcoming questions to the Department for Levelling Up, Housing and Communities.
Oral Answers to Questions
Lindsay Hoyle Excerpts(1 year, 3 months ago)
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Julia Lopez
The hon. Gentleman highlights just how important good connectivity is to accessing all the services that are going online. One great thing about Northern Ireland is some of the progress that it has made on gigabit connectivity from its contract with Fibrus, and we thank Fibrus for all that it has done. I am happy to look into any of the issues that he raises, but, as I have said, he highlights very well just why it is so important that people do have that connectivity.
Stephanie Peacock (Barnsley East) (Lab)
Thank you, Mr Speaker. I wish to begin by echoing your words about Holocaust Memorial Day.
From April, families across the country will face a 14% rise to their broadband bills, but, even before that increase, there were already more than 1 million households struggling to pay for the internet. Expanding gigabit coverage is vital, but it is pointless if families cannot afford a broadband package. How will the Department work with Ofcom to examine the impact of mid-contract price increases and wholesale prices rising by inflation?
Julia Lopez
I thank the hon. Lady for her question. She is right to highlight the cost of living challenges that are affecting so many households. We have worked hard on this. It is important that we have a stable regulatory framework that allows companies to invest, but we have hitherto had some of the most competitive telecoms prices in Europe and consumers have benefited from that. In relation to those who are really struggling with their bills, we have done a lot of work with telecoms providers on social tariffs. Unfortunately, the uptake of those tariffs is not where it should be, so I ask every Member of this House to help us raise awareness, because their constituents can get deals from as little as £10 a month. Trying to get them that connectivity is so important to people’s job chances, life chances and so on.
Nicola Richards (West Bromwich East) (Con)
Stuart Andrew
Heritage and culture play a vital role in many of our communities, including in the Blyth valley, showing that they are great places to live, work and visit. I am delighted that the Department and our outside bodies are funding projects there, including the £96,000 for Headway Arts. That is just what we want to see. Of course, I would be more than happy to visit my hon. Friend’s constituency. As I represent the home of the original Harry Ramsden’s, I would be interested to compare them with good old Yorkshire fish and chips.
Angela Richardson
I am incredibly proud of the Yvonne Arnaud theatre in Guildford and the outreach work that it does in the wards of Stoke and Westborough, which have some of the highest rates of deprivation and the lowest health outcomes in Surrey. It does all that work outside the national portfolio organisation framework, with little support from the local authority. To truly level up accessibility to the arts for my constituents, what can the Department do to encourage local authorities to recognise and support arts organisations that sit outside the NPO framework?
Stuart Andrew
The hon. Lady is absolutely right: when we talk about access for all, we absolutely mean it. The disability unit in the Government has launched an enhanced and expanded programme of disability and access ambassadors to help us drive progress in increasing access. I am pleased that many of our establishments are working on that at speed.
Barbara Keeley (Worsley and Eccles South) (Lab)
The accessibility of cultural organisations will be affected greatly by the Government’s tapering of orchestra tax relief and theatre tax relief from April. The Association of British Orchestras tells me that the 50% rate has enabled orchestras to survive at a time when box office and other earned income is falling. It has enabled concerts in non- traditional venues, reaching new audiences in underserved communities. However, the tapered rate will cost some national organisations as much as £3 million. Jobs will be lost, there will be cuts to productions, and outreach work, such as that we have heard about, will not be possible. Some orchestras and theatres will just not survive. Will the Minister ask the Chancellor to review urgently the reduction in orchestra and theatre tax reliefs?
Michelle Donelan
The Minister is very much looking forward to joining the start of the global pass, which will see 200 passes take a rugby ball through the hands of fans across the globe. The programme of events will give plenty of opportunities for the people of Rugby and beyond to celebrate their role in the history of the sport.
Mr Speaker
Do not forget that the Minister for Sport is a rugby league man. At least now he can do both codes.
Dan Jarvis (Barnsley Central) (Lab)
Michelle Donelan
As always, my hon. Friend talks a great deal of sense, and I completely agree with him. That is why this Government will be acting and standing up in the interests of clubs and fans to ensure that the regulator is in place to do just that, but of course the rules of the game could be enforced now.
Lucy Powell (Manchester Central) (Lab/Co-op)
Everton football club is reportedly up for sale, with its stadium half-built. With others up for sale, this looks set to be a record year for premier league clubs changing hands. Many others face financial problems and ownership uncertainties, all since the Fan-Led Review was published. Yet fans will have no say and new owners are not subject to robust independent checks. We still do not have the deal on financial distribution in the pyramid. Will the Secretary of State take responsibility for the clubs that go under or get themselves into trouble before the independent statutory regulator is finally implemented?
Michelle Donelan
On all sport, the Government are clear that a way forward is needed that protects and shows compassion to all athletes. We are also clear that sex has an impact on the fairness of competitive women’s sport. Fairness should be the primary consideration. We need a common-sense approach in this area, which is why I am holding a roundtable with domestic governing bodies in the coming weeks, and working with UK Sport on an international engagement plan.
Lucy Powell (Manchester Central) (Lab/Co-op)
Half the DCMS shortlisting panel for the BBC chair had close links to the Conservative party, but even they managed to put forward five candidates. So what does the Secretary of State think it was about the close confidante of the former Prime Minister who was helping with his personal finances that first attracted him to appoint Mr Sharp over the other four candidates? Does she have confidence in the process and that the actual and perceived conflicts of interest were fully disclosed?
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Stuart Andrew)
My hon. Friend has spoken to me on a number of occasions about this issue. As I said to him, these national and international governing bodies are independent of Government, but he raises important points that I will be more than happy to raise in my next meeting with the RFU, and perhaps he and I can have a further discussion about this in due course.
John Nicolson (Ochil and South Perthshire) (SNP)
Does the Secretary of State believe the public think it is ever acceptable for anyone to donate hundreds of thousands to a political party and then be appointed by that same political party to a plum public post—in the case of BBC chair Richard Sharp, having been interviewed, we now learn, by a panel including another Tory party donor? Rigorous—really?
Channel 4
Lindsay Hoyle Excerpts(1 year, 3 months ago)
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Michelle Donelan
As the hon. Lady will know, we have outlined, including in today’s written ministerial statement, an ambitious plan to secure and safeguard the sustainability of Channel 4 so that it can thrive and survive. It is completely wrong to suggest that we are not doing anything, or that the money we have invested in looking at this proposal has been wasted.
In fact, as I have already stated, Channel 4 has now committed to doubling its investment in skills across the country to £10 million. This is a new package, and the money we have invested in considering Channel 4’s sustainability is very clear and on the public record. It is important that we now work together to secure the future of Channel 4 and of our independent sector. As I outlined in my opening remarks, we will particularly safeguard small, innovative independents.
Sir Peter Bottomley (Worthing West) (Con)
I follow the hon. Member for Manchester Central (Lucy Powell) in saying that, over the last 13 years, Channel 4 has done better than ever before. If we want to congratulate Channel 4, we should also congratulate the Government on making that possible by not disturbing its arrangements.
The Secretary of State is right to examine the proposals put forward a year or so ago. I would not have frozen the BBC licence fee, I would not have proposed the privatisation of Channel 4 and I would not have put pressure on Arts Council England to strangle the English National Opera, but there is more to be done to put them on the right path.
Alex Mahon, the chief executive of Channel 4, spoke for me when she talked about Channel 4’s innovativeness in reaching audiences that others do not serve so well, and I think the publisher-producer split is worth preserving. I hope Channel 4 will not be forced to make too many programmes in-house, as it is vital that we keep the independent producers going. I hope we are back here in 10 years’ time with no more proposals to change the ownership of Channel 4, which is a good public broadcaster that successfully operates commercially.
Michelle Donelan
I absolutely agree with my hon. Friend that it is essential Channel 4 remains an incubator of the independent sector, which is why one measure we will be taking forward is increasing, from 25%, the proportion of content it has to take from the independent sector. Let us not forget that the package of measures announced today is about giving Channel 4 the tools to be viable in the long term. Of course, it is up to Channel 4 what it does with those tools. Nobody is forcing it to do anything.
John Nicolson (Ochil and South Perthshire) (SNP)
Happy new year, Mr Speaker.
I congratulate the Secretary of State, but I heard her refer to a previous Administration. There is no new Administration, just the same old Tory Administration. This is the second time I have sat on these Benches to listen to a Conservative Secretary of State reverse their predecessor’s damaging proposal to privatise Channel 4.
Channel 4 is a flourishing, much-loved public institution that is making record profits and offers fearless journalism. The Secretary of State says her decision is based on evidence, which is a good call, but evidence, rather than any personal agenda, should surely have been the guiding principle from the get-go. For those who are not aware, Channel 4 receives no public funds. Can I try again: how much public money went into this Government’s aborted attempt at privatisation?
Online Safety Bill
Lindsay Hoyle ExcerptsMonday 5th December 2022
(1 year, 4 months ago)
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Mr Speaker
Before I call the Minister to open the debate, I have something to say about the scope of today’s debate. This is day 2 of debate on consideration of the Bill as amended in the Public Bill Committee. We are debating today only the new clauses, amendments and new schedules listed on the selection paper that I have issued today.
Members may be aware that the Government have tabled a programme motion that would recommit certain clauses and schedules to a Public Bill Committee. There will be an opportunity to debate that motion following proceedings on consideration. The Government have also published a draft list of proposed amendments to the Bill that they intend to bring forward during the recommittal process. These amendments are not in scope for today. There will be an opportunity to debate, at a future Report stage, the recommitted clauses and schedules, as amended on recommittal in the Public Bill Committee.
Most of today’s amendments and new clauses do not relate to the clauses and schedules that are being recommitted. These amendments and new clauses have been highlighted on the selection paper. Today will be the final chance for the Commons to consider them: there will be no opportunity for them to be tabled and considered again at any point during the remaining Commons stages.
New Clause 11
Notices to deal with terrorism content or CSEA content (or both)
“(1) If OFCOM consider that it is necessary and proportionate to do so, they may give a notice described in subsection (2), (3) or (4) relating to a regulated user-to-user service or a regulated search service to the provider of the service.
(2) A notice under subsection (1) that relates to a regulated user-to-user service is a notice requiring the provider of the service—
(a) to do any or all of the following—
(i) use accredited technology to identify terrorism content communicated publicly by means of the service and to swiftly take down that content;
(ii) use accredited technology to prevent individuals from encountering terrorism content communicated publicly by means of the service;
(iii) use accredited technology to identify CSEA content, whether communicated publicly or privately by means of the service, and to swiftly take down that content;
(iv) use accredited technology to prevent individuals from encountering CSEA content, whether communicated publicly or privately, by means of the service; or
(b) to use the provider’s best endeavours to develop or source technology for use on or in relation to the service or part of the service, which—
(i) achieves the purpose mentioned in paragraph (a)(iii) or (iv), and
(ii) meets the standards published by the Secretary of State (see section 106(10)).
(3) A notice under subsection (1) that relates to a regulated search service is a notice requiring the provider of the service—
(a) to do either or both of the following—
(i) use accredited technology to identify search content of the service that is terrorism content and to swiftly take measures designed to secure, so far as possible, that search content of the service no longer includes terrorism content identified by the technology;
(ii) use accredited technology to identify search content of the service that is CSEA content and to swiftly take measures designed to secure, so far as possible, that search content of the service no longer includes CSEA content identified by the technology; or
(b) to use the provider’s best endeavours to develop or source technology for use on or in relation to the service which—
(i) achieves the purpose mentioned in paragraph (a)(ii), and
(ii) meets the standards published by the Secretary of State (see section 106(10)).
(4) A notice under subsection (1) that relates to a combined service is a notice requiring the provider of the service—
(a) to do any or all of the things described in subsection (2)(a) in relation to the user-to-user part of the service, or to use best endeavours to develop or source technology as described in subsection (2)(b) for use on or in relation to that part of the service;
(b) to do either or both of the things described in subsection (3)(a) in relation to the search engine of the service, or to use best endeavours to develop or source technology as described in subsection (3)(b) for use on or in relation to the search engine of the service;
(c) to do any or all of the things described in subsection (2)(a) in relation to the user-to-user part of the service and either or both of the things described in subsection (3)(a) in relation to the search engine of the service; or
(d) to use best endeavours to develop or source—
(i) technology as described in subsection (2)(b) for use on or in relation to the user-to-user part of the service, and
(ii) technology as described in subsection (3)(b) for use on or in relation to the search engine of the service.
(5) For the purposes of subsections (2) and (3), a requirement to use accredited technology may be complied with by the use of the technology alone or by means of the technology together with the use of human moderators.
(6) See—
(a) section (Warning notices), which requires OFCOM to give a warning notice before giving a notice under subsection (1), and
(b) section 105 for provision about matters which OFCOM must consider before giving a notice under subsection (1).
(7) A notice under subsection (1) relating to terrorism content present on a service must identify the content, or parts of the service that include content, that OFCOM consider is communicated publicly on that service (see section 188).
(8) For the meaning of “accredited” technology, see section 106(9) and (10).”—(Julia Lopez.)
This clause replaces existing clause 104. The main changes are: for user-to-user services, a notice may require the use of accredited technology to prevent individuals from encountering terrorism or CSEA content; for user-to-user and search services, a notice may require a provider to use best endeavours to develop or source technology to deal with CSEA content.
Brought up, and read the First time.
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Paul Scully)
I beg to move, That the clause be read a Second time.
Mr Speaker
With this it will be convenient to discuss the following:
Government new clause 12—Warning notices.
Government new clause 20—OFCOM’s reports about news publisher content and journalistic content.
Government new clause 40—Amendment of Enterprise Act 2002.
Government new clause 42—Former providers of regulated services.
Government new clause 43—Amendments of Part 4B of the Communications Act.
Government new clause 44—Repeal of Part 4B of the Communications Act: transitional provision etc.
Government new clause 51—Publication by providers of details of enforcement action.
Government new clause 52—Exemptions from offence under section 152.
Government new clause 53—Offences of sending or showing flashing images electronically: England and Wales and Northern Ireland (No.2).
New clause 1—Provisional re-categorisation of a Part 3 service—
“(1) This section applies in relation to OFCOM’s duty to maintain the register of categories of regulated user-to-user services and regulated search services under section 83.
(2) If OFCOM—
(a) consider that a Part 3 service not included in a particular part of the register is likely to meet the threshold conditions relevant to that part, and
(b) reasonably consider that urgent application of duties relevant to that part is necessary to avoid or mitigate significant harm,
New clause 16—Communication offence for encouraging or assisting self-harm—
“(1) In the Suicide Act 1961, after section 3 insert—
“3A Communication offence for encouraging or assisting self-harm
(1) A person (“D”) commits an offence if—
(a) D sends a message,
(b) the message encourages or could be used to assist another person (“P”) to inflict serious physical harm upon themselves, and
(c) D’s act was intended to encourage or assist the infliction of serious physical harm.
(2) The person referred to in subsection (1)(b) need not be a specific person (or class of persons) known to, or identified by, D.
(3) D may commit an offence under this section whether or not any person causes serious physical harm to themselves, or attempts to do so.
(4) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine, or both;
(b) on indictment, to imprisonment for a term not exceeding 5 years, or a fine, or both.
(5) “Serious physical harm” means serious injury amounting to grievous bodily harm within the meaning of the Offences Against the Person Act 1861.
(6) No proceedings shall be instituted for an offence under this section except by or with the consent of the Director of Public Prosecutions.
(7) If D arranges for a person (“D2”) to do an Act and D2 does that Act, D is also to be treated as having done that Act for the purposes of subsection (1).
(8) In proceedings for an offence to which this section applies, it shall be a defence for D to prove that—
(a) P had expressed intention to inflict serious physical harm upon themselves prior to them receiving the message from D; and
(b) P’s intention to inflict serious physical harm upon themselves was not initiated by D; and
(c) the message was wholly motivated by compassion towards D or to promote the interests of P’s health or wellbeing.””
This new clause would create a new communication offence for sending a message encouraging or assisting another person to self-harm.
New clause 17—Liability of directors for compliance failure—
“(1) This section applies where OFCOM considers that there are reasonable grounds for believing that a provider of a regulated service has failed, or is failing, to comply with any enforceable requirement (see section 112) that applies in relation to the service.
(2) If OFCOM considers that the failure results from any—
(a) action,
(b) direction,
(c) neglect, or
(d) with the consent
This new clause would enable Ofcom to exercise its enforcement powers under Chapter 6, Part 7 of the Bill against individual directors, managers and other officers at a regulated service provider where it considers the provider has failed, or is failing, to comply with any enforceable requirement.
New clause 23—Financial support for victims support services—
“(1) The Secretary of State must by regulations make provision for penalties paid under Chapter 6 to be used for funding for victims support services.
(2) Those regulations must—
(a) specify criteria setting out which victim support services are eligible for financial support under this provision;
(b) set out a means by which the amount of funding available should be determined;
(c) make provision for the funding to be reviewed and allocated on a three year basis.
(3) Regulations under this section—
(a) shall be made by statutory instrument, and
(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.”
New clause 28—Establishment of Advocacy Body—
“(1) There is to be a body corporate (“the Advocacy Body”) to represent interests of child users of regulated services.
(2) A “child user”—
(a) means any person aged 17 years or under who uses or is likely to use regulated internet services; and
(b) includes both any existing child user and any future child user.
(3) The work of the Advocacy Body may include—
(a) representing the interests of child users;
(b) the protection and promotion of these interests;
(c) any other matter connected with those interests.
(4) The “interests of child users” means the interests of children in relation to the discharge by any regulated company of its duties under this Act, including—
(a) safety duties about illegal content, in particular CSEA content;
(b) safety duties protecting children;
(c) “enforceable requirements” relating to children.
(5) The Advocacy Body must have particular regard to the interests of child users that display one or more protected characteristics within the meaning of the Equality Act 2010.
(6) The Advocacy Body will be defined as a statutory consultee for OFCOM’s regulatory decisions which impact upon the interests of children.
(7) The Advocacy Body must assess emerging threats to child users of regulated services and must bring information regarding these threats to OFCOM.
(8) The Advocacy Body may undertake research on their own account.
(9) The Secretary of State must either appoint an organisation known to represent children to be designated the functions under this Act, or create an organisation to carry out the designated functions.
(10) The budget of the Advocacy Body will be subject to annual approval by the board of OFCOM.
(11) The Secretary of State must give directions to OFCOM as to how it should recover the costs relating to the expenses of the Advocacy Body, or the Secretary of State in relation to the establishment of the Advocacy Body, through the provisions to require a provider of a regulated service to pay a fee (as set out in section 71).”
New clause 29—Duty to promote media literacy: regulated user-to-user services and search services—
“(1) In addition to the duty on OFCOM to promote media literacy under section 11 of the Communications Act 2003, OFCOM must take such steps as they consider appropriate to improve the media literacy of the public in relation to regulated user-to-user services and search services.
(2) This section applies only in relation to OFCOM’s duty to regulate—
(a) user-to-user services, and
(b) search services.
(3) OFCOM’s performance of its duty in subsection (1) must include pursuit of the following objectives—
(a) to reach audiences who are less engaged with, and harder to reach through, traditional media literacy initiatives;
(b) to address gaps in the availability and accessibility of media literacy provisions targeted at vulnerable users;
(c) to build the resilience of the public to disinformation and misinformation by using media literacy as a tool to reduce the harm from that misinformation and disinformation;
(d) to promote greater availability and effectiveness of media literacy initiatives and other measures, including by—
(i) carrying out, commissioning or encouraging educational initiatives designed to improve the media literacy of the public;
(ii) seeking to ensure, through the exercise of OFCOM’s online safety functions, that providers of regulated services take appropriate measures to improve users’ media literacy;
(iii) seeking to improve the evaluation of the effectiveness of the initiatives and measures mentioned in sub paras (2)(d)(i) and (ii) (including by increasing the availability and adequacy of data to make those evaluations);
(e) to promote better coordination within the media literacy sector.
(4) OFCOM may prepare such guidance about the matters referred to in subsection (2) as it considers appropriate.
(5) Where OFCOM prepares guidance under subsection (4) it must—
(a) publish the guidance (and any revised or replacement guidance); and
(b) keep the guidance under review.
(6) OFCOM must co-operate with the Secretary of State in the exercise and performance of their duty under this section.”
This new clause places an additional duty on Ofcom to promote media literacy of the public in relation to regulated user-to-user services and search services.
New clause 30—Media literacy strategy—
“(1) OFCOM must prepare a strategy which sets out how they intend to undertake their duty to promote media literacy in relation to regulated user-to-user services and regulated search services under section (Duty to promote media literacy: regulated user-to-user services and search services).
(2) The strategy must—
(a) set out the steps OFCOM propose to take to achieve the pursuit of the objectives set out in section (Duty to promote media literacy: regulated user-to-user services and search services),
(b) set out the organisations, or types of organisations, that OFCOM propose to work with in undertaking the duty;
(c) explain why OFCOM considers that the steps it proposes to take will be effective;
(d) explain how OFCOM will assess the extent of the progress that is being made under the strategy.
(3) In preparing the strategy OFCOM must have regard to the need to allocate adequate resources for implementing the strategy.
(4) OFCOM must publish the strategy within the period of 6 months beginning with the day on which this section comes into force.
(5) Before publishing the strategy (or publishing a revised strategy), OFCOM must consult—
(a) persons with experience in or knowledge of the formulation, implementation and evaluation of policies and programmes intended to improve media literacy;
(b) the advisory committee on disinformation and misinformation, and
(c) any other person that OFCOM consider appropriate.
(6) If OFCOM have not revised the strategy within the period of 3 years beginning with the day on which the strategy was last published, they must either—
(a) revise the strategy, or
(b) publish an explanation of why they have decided not to revise it.
(7) If OFCOM decides to revise the strategy they must—
(a) consult in accordance with subsection (3), and
(b) publish the revised strategy.”
This new clause places an additional duty on Ofcom to promote media literacy of the public in relation to regulated user-to-user services and search services.
New clause 31—Research conducted by regulated services—
“(1) OFCOM may, at any time it considers appropriate, produce a report into how regulated services commission, collate, publish and make use of research.
(2) For the purposes of the report, OFCOM may require services to submit to OFCOM—
(a) a specific piece of research held by the service, or
(b) all research the service holds on a topic specified by OFCOM.”
New clause 34—Factual Accuracy—
“(1) The purpose of this section is to reduce the risk of harm to users of regulated services caused by disinformation or misinformation.
(2) Any Regulated Service must provide an index of the historic factual accuracy of material published by each user who has—
(a) produced user-generated content,
(b) news publisher content, or
(c) comments and reviews on provider contact
(3) The index under subsection (1) must—
(a) satisfy minimum quality criteria to be set by OFCOM, and
(b) be displayed in a way which allows any user easily to reach an informed view of the likely factual accuracy of the content at the same time as they encounter it.”
New clause 35—Duty of balance—
“(1) The purpose of this section is to reduce the risk of harm to users of regulated services caused by disinformation or misinformation.
(2) Any Regulated Service which selects or prioritises particular—
(a) user-generated content,
(b) news publisher content, or
(c) comments and reviews on provider content
New clause 36—Identification of information incidents by OFCOM—
“(1) OFCOM must maintain arrangements for identifying and understanding patterns in the presence and dissemination of harmful misinformation and disinformation on regulated services.
(2) Arrangements for the purposes of subsection (1) must in particular include arrangements for—
(a) identifying, and assessing the severity of, actual or potential information incidents; and
(b) consulting with persons with expertise in the identification, prevention and handling of disinformation and misinformation online (for the purposes of subsection (2)(a)).
(3) Where an actual or potential information incident is identified, OFCOM must as soon as reasonably practicable—
(a) set out any steps that OFCOM plans to take under its online safety functions in relation to that situation; and
(b) publish such recommendations or other information that OFCOM considers appropriate.
(4) Information under subsection (3) may be published in such a manner as appears to OFCOM to be appropriate for bringing it to the attention of the persons who, in OFCOM’s opinion, should be made aware of it.
(5) OFCOM must prepare and issue guidance about how it will exercise its functions under this section and, in particular—
(a) the matters it will take into account in determining whether an information incident has arisen;
(b) the matters it will take into account in determining the severity of an incident; and
(c) the types of responses that OFCOM thinks are likely to be appropriate when responding to an information incident.
(6) For the purposes of this section—
“harmful misinformation or disinformation” means misinformation or disinformation which, taking into account the manner and extent of its dissemination, may have a material adverse effect on users of regulated services or other members of the public;
“information incident” means a situation where it appears to OFCOM that there is a serious or systemic dissemination of harmful misinformation or disinformation relating to a particular event or situation.”
This new clause would insert a new clause into the Bill to give Ofcom a proactive role in identifying and responding to the sorts of information incidents that can occur in moments of crisis.
New clause 37—Duty to promote media literacy: regulated user-to-user services and search services—
“(1) In addition to the duty on OFCOM to promote media literacy under section 11 of the Communications Act 2003, OFCOM must take such steps as they consider appropriate to improve the media literacy of the public in relation to regulated user-to-user services and search services.
(2) This section applies only in relation to OFCOM’s duty to regulate—
(a) user-to-user services, and
(b) search services.
(3) OFCOM’s performance of its duty in subsection (1) must include pursuit of the following objectives—
(a) to encourage the development and use of technologies and systems in relation to user-to-user services and search services which help to improve the media literacy of members of the public, including in particular technologies and systems which—
(i) indicate the nature of content on a service (for example, show where it is an advertisement);
(ii) indicate the reliability and accuracy of the content; and
(iii) facilitate control over what content is received;
(b) to build the resilience of the public to disinformation and misinformation by using media literacy as a tool to reduce the harm from that misinformation and disinformation;
(c) to promote greater availability and effectiveness of media literacy initiatives and other measures, including by carrying out, commissioning or encouraging educational initiatives designed to improve the media literacy of the public.
(4) OFCOM must prepare guidance about—
(a) the matters referred to in subsection (3) as it considers appropriate; and
(b) minimum standards that media literacy initiatives must meet.
(5) Where OFCOM prepares guidance under subsection (4) it must—
(a) publish the guidance (and any revised or replacement guidance); and
(b) keep the guidance under review.
(6) Every report under paragraph 12 of the Schedule to the Office of Communications Act 2002 (OFCOM’s annual report) for a financial year must contain a summary of the steps that OFCOM have taken under subsection (1) in that year.”
This new clause places an additional duty on Ofcom to promote media literacy of the public in relation to regulated user-to-user services and search services.
New clause 45—Sharing etc intimate photographs or film without consent—
“(1) A person (A) commits an offence if—
(a) A intentionally shares an intimate photograph or film of another person (B) with B or with a third person (C); and
(b) A does so—
(i) without B’s consent, and
(ii) without reasonably believing that B consents.
(2) References to a third person (C) in this section are to be read as referring to—
(a) an individual;
(b) a group of individuals;
(c) a section of the public; or
(d) the public at large.
(3) A person (A) does not commit an offence under this section if A shares a photograph or film of another person (B) with B or a third person (C) if—
(a) the photograph or film only shows activity that would be ordinarily seen on public street, except for a photograph or film of breastfeeding;
(b) the photograph or film was taken in public, where the person depicted was voluntarily nude, partially nude or engaging in a sexual act or toileting in public;
(c) A reasonably believed that the photograph or film, taken in public, showed a person depicted who was voluntarily nude, partially nude or engaging in a sexual act or toileting in public;
(d) the photograph or film has been previously shared with consent in public;
(e) A reasonably believed that the photograph or film had been previously shared with consent in public;
(f) the photograph or film shows a young child and is of a kind ordinarily shared by family and friends;
(g) the photograph or film is of a child shared for that child’s medical care or treatment, where there is parental consent.
(4) A person (A) does not commit an offence under this section if A shares information about where to access a photograph or film where this photograph or film has already been made available to A.
(5) It is a defence for a person charged with an offence under this section to prove that they—
(a) reasonably believed that the sharing was necessary for the purposes of preventing, detecting, investigating or prosecuting crime;
(b) reasonably believed that the sharing was necessary for the purposes of legal or regulatory proceedings;
(c) reasonably believed that the sharing was necessary for the administration of justice;
(d) reasonably believed that the sharing was necessary for a genuine medical, scientific or educational purpose; and
(e) reasonably believed that the sharing was in the public interest.
(6) An “intimate photograph or film” is a photograph or film that is sexual, shows a person nude or partially nude, or shows a person toileting, of a kind which is not ordinarily seen on a public street, which includes—
(a) any photograph or film that shows something a reasonable person would consider to be sexual because of its nature;
(b) any photograph or film that shows something which, taken as a whole, is such that a reasonable person would consider it to be sexual;
(c) any photograph or film that shows a person’s genitals, buttocks or breasts, whether exposed, covered with underwear or anything being worn as underwear, or where a person is similarly or more exposed than if they were wearing only underwear;
(d) any photograph or film that shows toileting, meaning a photograph or film of someone in the act of defecation and urination, or images of personal care associated with genital or anal discharge, defecation and urination.
(7) References to sharing such a photograph or film with another person include—
(a) sending it to another person by any means, electronically or otherwise;
(b) showing it to another person;
(c) placing it for another person to find; or
(d) sharing it on or uploading it to a user-to-user service, including websites or online public forums.
(8) “Photograph” includes the negative as well as the positive version.
(9) “Film” means a moving image.
(10) References to a photograph or film include—
(a) an image, whether made by computer graphics or in any other way, which appears to be a photograph or film,
(b) an image which has been altered through computer graphics,
(c) a copy of a photograph, film or image, and
(d) data stored by any means which is capable of conversion into a photograph, film or image.
(11) Sections 74 to 76 of the Sexual Offences Act 2003 apply when determining consent in relation to offences in this section.
(12) A person who commits an offence under this section is liable on summary conviction, to imprisonment for a term not exceeding 6 months or a fine (or both).”
This new clause creates the offence of sharing an intimate image without consent, providing the necessary exclusions such as for children’s medical care or images taken in public places, and establishing the penalty as triable by magistrates only with maximum imprisonment of 6 months.
New clause 46—Sharing etc intimate photographs or film with intent to cause alarm, distress or humiliation—
“(1) A person (A) commits an offence if—
(a) A intentionally shares an intimate photograph or film of another person (B) with B or with a third person (C); and
(b) A does so—
(i) without B’s consent, and
(ii) without reasonably believing that B consents; and
(c) A intends that the subject of the photograph or film will be caused alarm, distress or humiliation by the sharing of the photograph or film.
(2) References to a third person (C) in this section are to be read as referring to—
(a) an individual;
(b) a group of individuals;
(c) a section of the public; or
(d) the public at large.
(3) An “intimate photograph or film” is a photograph or film that is sexual, shows a person nude or partially nude, or shows a person toileting, of a kind which is not ordinarily seen on a public street, which includes—
(a) any photograph or film that shows something a reasonable person would consider to be sexual because of its nature;
(b) any photograph or film that shows something which, taken as a whole, is such that a reasonable person would consider it to be sexual;
(c) any photograph or film that shows a person’s genitals, buttocks or breasts, whether exposed, covered with underwear or anything being worn as underwear, or where a person is similarly or more exposed than if they were wearing only underwear;
(d) any photograph or film that shows toileting, meaning a photograph or film of someone in the act of defecation and urination, or images of personal care associated with genital or anal discharge, defecation and urination.
(4) References to sharing such a photograph or film with another person include—
(a) sending it to another person by any means, electronically or otherwise;
(b) showing it to another person;
(c) placing it for another person to find; or
(d) sharing it on or uploading it to a user-to-user service, including websites or online public forums.
(5) “Photograph” includes the negative as well as the positive version.
(6) “Film” means a moving image.
(7) References to a photograph or film include—
(a) an image, whether made by computer graphics or in any other way, which appears to be a photograph or film,
(b) an image which has been altered through computer graphics,
(c) a copy of a photograph, film or image, and
(d) data stored by any means which is capable of conversion into a photograph, film or image.
(8) Sections 74 to 76 of the Sexual Offences Act 2003 apply when determining consent in relation to offences in this section.
(9) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding three years.”
This new clause creates a more serious offence where there is the intent to cause alarm etc. by sharing an image, with the appropriately more serious penalty of 12 months through a magistrates’ court or up to three years in a Crown Court.
New clause 47—Sharing etc intimate photographs or film without consent for the purpose of obtaining sexual gratification—
“(1) A person (A) commits an offence if—
(a) A intentionally shares an intimate photograph or film of another person (B) with B or with a third person (C); and
(b) A does so—
(i) without B’s consent, and
(ii) without reasonably believing that B consents; and
(c) A shared the photograph or film for the purpose of obtaining sexual gratification (whether for the sender or recipient).
(2) References to a third person (C) in this section are to be read as referring to—
(a) an individual;
(b) a group of individuals;
(c) a section of the public; or
(d) the public at large.
(3) An “intimate photograph or film” is a photograph or film that is sexual, shows a person nude or partially nude, or shows a person toileting, of a kind which is not ordinarily seen on a public street, which includes—
(a) any photograph or film that shows something a reasonable person would consider to be sexual because of its nature;
(b) any photograph or film that shows something which, taken as a whole, is such that a reasonable person would consider it to be sexual;
(c) any photograph or film that shows a person’s genitals, buttocks or breasts, whether exposed, covered with underwear or anything being worn as underwear, or where a person is similarly or more exposed than if they were wearing only underwear;
(d) any photograph or film that shows toileting, meaning a photograph or film of someone in the act of defecation and urination, or images of personal care associated with genital or anal discharge, defecation and urination.
(4) References to sharing such a photograph or film with another person include—
(a) sending it to another person by any means, electronically or otherwise;
(b) showing it to another person;
(c) placing it for another person to find; or
(d) sharing it on or uploading it to a user-to-user service, including websites or online public forums.
(5) “Photograph” includes the negative as well as the positive version.
(6) “Film” means a moving image.
(7) References to a photograph or film include—
(a) an image, whether made by computer graphics or in any other way, which appears to be a photograph or film,
(b) an image which has been altered through computer graphics,
(c) a copy of a photograph, film or image, and
(d) data stored by any means which is capable of conversion into a photograph, film or image.
(8) Sections 74 to 76 of the Sexual Offences Act 2003 apply when determining consent in relation to offences in this section.
(9) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding three years.”
This new clause creates a more serious offence where there is the intent to cause alarm etc. by sharing an image, with the appropriately more serious penalty of 12 months through a magistrates’ court or up to three years in a Crown Court.
New clause 48—Threatening to share etc intimate photographs or film—
“(1) A person (A) commits an offence if—
(a) A threatens to share an intimate photograph or film of another person (B) with B or a third person (C); and
(i) A intends B to fear that the threat will be carried out; or A is reckless as to whether B will fear that the threat will be carried out.
(2) “Threatening to share” should be read to include threatening to share an intimate photograph or film that does not exist and other circumstances where it is impossible for A to carry out the threat.
(3) References to a third person (C) in this section are to be read as referring to—
(a) an individual;
(b) a group of individuals;
(c) a section of the public; or
(d) the public at large.
(4) An “intimate photograph or film” is a photograph or film that is sexual, shows a person nude or partially nude, or shows a person toileting, of a kind which is not ordinarily seen on a public street, which includes—
(a) any photograph or film that shows something a reasonable person would consider to be sexual because of its nature;
(b) any photograph or film that shows something which, taken as a whole, is such that a reasonable person would consider it to be sexual;
(c) any photograph or film that shows a person’s genitals, buttocks or breasts, whether exposed, covered with underwear or anything being worn as underwear, or where a person is similarly or more exposed than if they were wearing only underwear;
(d) any photograph or film that shows toileting, meaning a photograph or film of someone in the act of defecation and urination, or images of personal care associated with genital or anal discharge, defecation and urination.
(5) References to sharing, or threatening to share, such a photograph or film with another person include—
(a) sending, or threatening to send, it to another person by any means, electronically or otherwise;
(b) showing, or threatening to show, it to another person;
(c) placing, or threatening to place, it for another person to find; or
(d) sharing, or threatening to share, it on or uploading it to a user-to-user service, including websites or online public forums.
(6) “Photograph” includes the negative as well as the positive version.
(7) “Film” means a moving image.
(8) References to a photograph or film include—
(a) an image, whether made by computer graphics or in any other way, which appears to be a photograph or film,
(b) an image which has been altered through computer graphics,
(c) a copy of a photograph, film or image, and
(d) data stored by any means which is capable of conversion into a photograph, film or image.
(9) Sections 74 to 76 of the Sexual Offences Act 2003 apply when determining consent in relation to offences in this section.
(10) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding three years.”
This new clause creates another more serious offence of threatening to share an intimate image, regardless of whether such an image actually exists, and where the sender intends to cause fear, or is reckless to whether they would cause fear, punishable by 12 months through a magistrates’ court or up to three years in a Crown Court.
New clause 49—Special measures in criminal proceedings for offences involving the sharing of intimate images—
“(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (giving of evidence or information for purposes of criminal proceedings: special measures directions in case of vulnerable and intimidated witnesses) is amended as follows.
(2) In section 17 (witnesses eligible for assistance on grounds of fear or distress about testifying), in subsection (4A) after paragraph (b) insert “(c) ‘an offence under sections [Sharing etc intimate photographs or film without consent; Sharing etc intimate photographs or film with intent to cause alarm, distress or humiliation; Sharing etc intimate photographs or film without consent for the purpose of obtaining sexual gratification; Threatening to share etc intimate photographs or film] of the Online Safety Act 2023’”.”
This new clause inserts intimate image abuse into legislation that qualifies victims for special measures when testifying in court (such as partitions to hide them from view, video testifying etc.) which is already prescribed by law.
New clause 50—Anonymity for victims of offences involving the sharing of intimate images—
“(1) Section 2 of the Sexual Offences (Amendment) Act 1992 (Offences to which this Act applies) is amended as follows.
(2) In subsection 1 after paragraph (db) insert—
(dc) ‘an offence under sections [Sharing etc intimate photographs or film without consent; Sharing etc intimate photographs or film with intent to cause alarm, distress or humiliation; Sharing etc intimate photographs or film without consent for the purpose of obtaining sexual gratification; Threatening to share etc intimate photographs or film] of the Online Safety Act 2023’”.”
Similar to NC49, this new clause allows victims of intimate image abuse the same availability for anonymity as other sexual offences to protect their identities and give them the confidence to testify against their abuser without fear of repercussions.
New clause 54—Report on the effect of Virtual Private Networks on OFCOM’s ability to enforce requirements—
“(1) The Secretary of State must publish a report on the effect of the use of Virtual Private Networks on OFCOM’s ability to enforce requirements under section 112.
(2) The report must be laid before Parliament within six months of the passing of this Act.”
New clause 55—Offence of sending communication facilitating modern slavery and illegal immigration—
‘(1) A person (A) commits an offence if—
(a) (A) intentionally shares with a person (B) or with a third person (C) a photograph or film which is reasonably considered to be, or to be intended to be, facilitating or promoting any activities which do, or could reasonably be expected to, give rise to an offence under—
(i) sections 1 (Slavery, servitude and forced labour), 2 (Human trafficking) or 4 (Committing offence with intent to commit an offence under section 2) of the Modern Slavery Act 2015; or
(ii) sections 24 (Illegal Entry and Similar Offences) or 25 (Assisting unlawful immigration etc) of the Immigration Act 1971; and
(a) (A) does so knowing, or when they reasonably ought to have known, that the activities being depicted are unlawful.
(2) References to a third person (C) in this section are to be read as referring to—
(a) an individual;
(b) a group of individuals;
(c) a section of the public; or
(d) the public at large.
(3) A person (A) does not commit an offence under this section if—
(a) the sharing is undertaken by or on behalf of a journalist or for journalistic purposes;
(b) the sharing is by a refugee organisation registered in the UK and which falls within the scope of sub-section (3) or section 25A of the Immigration Act 1971;
(c) the sharing is by or on behalf of a duly elected Member of Parliament or other elected representative in the UK.
(4) It is a defence for a person charged under this section to provide that they—
(a) reasonably believed that the sharing was necessary for the purposes of preventing, detecting, investigating or prosecuting crime and
(b) reasonably believed that the sharing was necessary for the purposes of legal or regulatory proceedings.
(5) A person who commits an offence under this section is liable on summary conviction, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).”
This new clause would create a new criminal offence of intentionally sharing a photograph or film that facilitates or promotes modern slavery or illegal immigration.
Government amendments 234 and 102 to 117.
Amendment 195, in clause 104, page 87, line 10, leave out subsection 1 and insert—
“(1) If OFCOM consider that it is necessary and proportionate to do so, they may—
(a) give a notice described in subsection (2), (3) or (4) relating to a regulated user to user service or a regulated search service to the provider of the service;
(b) give a notice described in subsection (2), (3) or (4) to a provider or providers of Part 3 services taking into account risk profiles produced by OFCOM under section 84.”
Amendment 152, page 87, line 18, leave out ‘whether’.
This amendment is consequential on Amendment 153.
Amendment 153, page 87, line 19, leave out ‘or privately’.
This amendment removes the ability to monitor encrypted communications.
Government amendment 118.
Amendment 204, in clause 105, page 89, line 17, at end insert—
“(ia) the level of risk of the use of the specified technology accessing, retaining or disclosing the identity or provenance of any confidential journalistic source or confidential journalistic material.”
This amendment would require Ofcom to consider the risk of the use of accredited technology by a Part 3 service accessing, retaining or disclosing the identity or provenance of journalistic sources or confidential journalistic material, when deciding whether to give a notice under Clause 104(1) of the Bill.
Government amendments 119 to 130, 132 to 134, 212, 213, 135 and 214.
Amendment 23, in clause 130, page 114, line 3, leave out paragraph (a).
Government amendment 175.
Amendment 160, in clause 141, page 121, line 9, leave out subsection (2).
This amendment removes the bar of conditionality that must be met for super complaints that relate to a single regulated service.
Amendment 24, page 121, line 16, leave out “The Secretary of State” and insert “OFCOM”.
Amendment 25, page 121, line 21, leave out from “(3),” to end of line 24 and insert “OFCOM must consult—
“(a) The Secretary of State, and
“(b) such other persons as OFCOM considers appropriate.”
This amendment would provide that regulations under clause 141 are to be made by OFCOM rather than by the Secretary of State.
Amendment 189, in clause 142, page 121, line 45, leave out from “including” to end of line 46 and insert
“90 day maximum time limits in relation to the determination and notification to the complainant of—”.
This requires the Secretary of State’s guidance to require Ofcom to determine whether a complaint is eligible for the super-complaints procedure within 90 days.
Amendment 26, in clause 146, page 123, line 33, leave out
“give OFCOM a direction requiring”
and insert “may make representations to”.
Amendment 27, page 123, line 36, leave out subsection (2) and insert—
“(2) OFCOM must have due regard to any representations made by the Secretary of State under subsection (1).”
Amendment 28, page 123, line 38, leave out from “committee” to end of line 39 and insert
“established under this section is to consist of the following members—”.
Amendment 29, page 124, line ], leave out from “committee” to “publish” in line 2 and insert
“established under this section must”.
Amendment 30, page 124, line 4, leave out subsection (5).
Amendment 32, page 124, line 4, leave out clause 148.
Government amendments 176, 239, 138, 240, 215, 241, 242, 217, 218, 243, 219, 244, 245, 220, 221, 140, 246, 222 to 224, 247, 225, 248, 226 and 227.
Amendment 194, in clause 157, page 131, line 16, leave out from beginning to end of line 17 and insert—
“(a) B has not consented for A to send or give the photograph or film to B, and”.
Government amendments 249 to 252, 228, 229 and 235 to 237.
Government new schedule 2—Amendments of Part 4B of the Communications Act.
Government new schedule 3—Video-sharing platform services: transitional provision etc.
Government amendment 238
Amendment 35, schedule 11, page 198, line 5, leave out “The Secretary of State” and insert “OFCOM”.
This amendment would give the power to make regulations under Schedule 11 to OFCOM.
Amendment 2, page 198, line 9, leave out “functionalities” and insert “characteristics”.
Amendment 1, page 198, line 9, at end insert—
“(1A) In this schedule, “characteristics” of a service include its functionalities, user base, business model, governance and other systems and processes.”
Amendment 159, page 198, line 9, at end insert—
“(1A) Regulations made under sub-paragraph (1) must provide for any regulated user-to-user service which OFCOM assesses as posing a very high risk of harm to be included within Category 1, regardless of the number of users.”
This amendment allows Ofcom to impose Category 1 duties on user-to-user services which pose a very high risk of harm.
Amendment 36, page 198, line 10, leave out “The Secretary of State” and insert “OFCOM”.
This amendment is consequential on Amendment 35.
Amendment 37, page 198, line 16, leave out “The Secretary of State” and insert “OFCOM”.
This amendment is consequential on Amendment 35.
Amendment 3, page 198, line 2, leave out “functionalities” and insert “characteristics”.
Amendment 9, page 198, line 28, leave out “and” and insert “or”.
Amendment 4, page 198, line 29, leave out “functionality” and insert “characteristic”.
Amendment 38, page 198, line 32, leave out “the Secretary of State” and insert “OFCOM”.
This amendment is consequential on Amendment 35.
Amendment 5, page 198, line 34, leave out “functionalities” and insert “characteristics”.
Amendment 39, page 198, line 37, leave out “the Secretary of State” and insert “OFCOM”.
This amendment is consequential on Amendment 35.
Amendment 40, page 198, line 41, leave out “the Secretary of State” and insert “OFCOM”.
This amendment is consequential on Amendment 35.
Amendment 6, page 198, line 4, leave out “functionalities” and insert “characteristics”.
Amendment 7, page 199, line 11, leave out “functionalities” and insert “characteristics”.
Amendment 8, page 199, line 28, leave out “functionalities” and insert “characteristics”.
Amendment 41, page 199, line 3, leave out subparagraphs (5) to (11).
This amendment is consequential on Amendment 35.
Government amendments 230, 253 to 261 and 233.
Paul Scully
I was about to speak to the programme motion, Mr Speaker, but you have outlined exactly what I was going to say, so thank you for that—I am glad to get the process right.
I am delighted to bring the Online Safety Bill back to the House for the continuation of Report stage. I start by expressing my gratitude to colleagues across the House for their contributions to the Bill through pre-legislative scrutiny and before the summer recess, and for their engagement with me since I took office as the Minister for Tech and the Digital Economy.
The concept at the heart of this legislation is simple: tech companies, like those in every other sector, must take responsibility for the consequences of their business decisions. As they continue to offer users the latest innovations, they must consider the safety of their users as well as profit. They must treat their users fairly and ensure that the internet remains a place for free expression and robust debate. As Members will be aware, the majority of the Bill was discussed on Report before the summer recess. Our focus today is on the provisions that relate to the regulator’s power and the criminal law reforms. I will take this opportunity also to briefly set out the further changes that the Government recently committed to making later in the Bill’s passage.
Let me take the Government amendments in turn. The Government’s top priority for this legislation has always been the protection of children. We recognise that the particularly abhorrent and pernicious nature of online child sexual exploitation and abuse—CSEA—demands the most robust response possible. Throughout the passage of the Bill, we have heard evidence of the appalling harm that CSEA causes. Repeatedly, we heard calls for strong incentives for companies to do everything they can to innovate and make safety technologies their priority, to ensure that there is no place for offenders to hide online. The Bill already includes a specific power to tackle CSEA, which allows Ofcom, subject to safeguards, to require tech companies to use accredited technology to identify and remove illegal CSEA content in public and private communications. However, we have seen in recent years how the online world has evolved to allow offenders to reach their victims and one another in new ways.
Dr Luke Evans (Bosworth) (Con)
To take that one step further, is it correct that Ofcom would set minimum standards for operators? For example, the Content Authenticity Initiative does not need primary legislation, but is an industry open-standard, open-source format. That is an example of modern technology that all companies could sign up to use, and Ofcom would therefore determine what needs to be done in primary legislation.
Mr Speaker
Can I be helpful? We did say that our discussions should be within scope, but the Minister is tempting everybody to intervene out of scope. From his own point of view, I would have thought that it would be easier to keep within scope.
Paul Scully
Thank you, Mr Speaker; I will just respond to my hon. Friend the Member for Bosworth (Dr Evans). There is a minimum standard in so far as the operators have to adhere to the terms of the Bill. Our aim is to exclude illegal content and ensure that children are as safe as possible within the remit of the Bill.
The changes will ensure a flexible approach so that companies can use their expertise to develop or source the most effective solution for their service, rather than us being prescriptive. That, in turn, supports the continued growth of our digital economy while keeping our citizens safe online.
Mr Speaker
Order. I am really bothered. I am trying to help the Minister, because although broadening discussion of the Bill is helpful, it is also allowing Members to come in with remarks that are out of scope. If we are going to go out of scope, we could be here a long time. I am trying to support the Minister by keeping him in scope.
Paul Scully
Thank you, Mr Speaker; I will try to keep my remarks very much in scope.
The harmful communications offence in clause 151 was a reform to communication offences proposed in the Bill. Since the Bill has been made public, parliamentarians and stakeholders have expressed concern that the threshold that would trigger prosecution for the offence of causing serious distress could bring robust but legitimate conversation into the illegal space. In the light of that concern, we have decided not to take forward the harmful communications offence for now. That will give the Government an opportunity to consider further how the criminal law can best protect individuals from harmful communications, and ensure that protections for free speech are robust.
Paul Scully
I am glad that I gave way so that the hon. Lady could raise that point. Baroness Kidron and her organisation have raised that issue with me directly, and they have gathered media support. We will look at that as the Bill goes through this place and the Lords, because we need to see what the powers are at the moment and why they are not working.
Now is the time to take this legislation forward to ensure that it can deliver the safe and transparent online environment that children and adults so clearly deserve.
Alex Davies-Jones
It is an absolute pleasure to be back in the Chamber to respond on behalf of the Opposition to this incredibly important piece of legislation on its long overdue second day on Report. It certainly has not been an easy ride so far: I am sure that Bill Committee colleagues across the House agree that unpicking and making sense of this unnecessarily complicated Bill has been anything but straightforward.
We should all be incredibly grateful and are all indebted to the many individuals, charities, organisations and families who have worked so hard to bring online safety to the forefront for us all. Today is a particularly important day, as we are joined in the Public Gallery by a number of families who have lost children in connection with online harms. They include Lorin LaFave, Ian Russell, Andy and Judy Thomas, Amanda and Stuart Stephens and Ruth Moss. I sincerely hope that this debate will do justice to their incredible hard work and commitment in the most exceptionally difficult of circumstances.
Oral Answers to Questions
Lindsay Hoyle Excerpts(1 year, 4 months ago)
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Cat Smith (Lancaster and Fleetwood) (Lab)
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Stuart Andrew)
Thank you very much, Mr Speaker.
This Government know the importance of local youth services, and we have guaranteed that by 2025 every young person in England will have access to regular clubs and activities, adventures away from home and volunteering opportunities. That is a clear commitment based on feedback from 6,000 young people, supported by £560 million of funding.
Michelle Donelan
As my right hon. Friend knows, that is not a decision for me, but we can always depend on the right hon. Member for West Suffolk to attack a challenge with gusto, and I was not surprised at all to see him taking on all sorts of animal parts during the show. It has become a little bit of a thing for my predecessors to join that show, but I hope I can provide reassurance that I have no intention of ever doing so.
Kevin Brennan (Cardiff West) (Lab)
Of course, a very important part of our film and television industry is the music that goes with it and the composers who provide that music. At this juncture, it would be wrong of me to not recognise and send sympathy to the family of Christine McVie, one of Britain’s greatest ever songwriters, who sadly passed away yesterday. [Hon. Members: “Hear, hear.”]
I was glad to hear what the Minister of State aid about AI earlier, because that will affect film and TV composers, as well as other people within the industry. Will she ensure that in undertaking the AI review, the Government listen very carefully to the views of songwriters and composers who work in the film and television industry during their consultation?
Stuart Andrew
I know that the Arts Council has taken a considerable amount of time to look at the unprecedented number of applications—more than 1,700—that were received and that it has assessed them very carefully. It is making sure that £12.6 million is available in transition funding for those that will be leaving. The time has been increased from three months to seven months, so that there is support for them for up to 12 months. We would certainly encourage the Arts Council and the English National Opera to continue the dialogue that they are having.
Julian Knight (Solihull) (Con)
On a similar theme, levelling up is undoubtedly a noble ambition, and the Arts Council funding has been too London-centric for too long¸ partly due to the subsidies to the Royal Opera House, which, if the Minister ever visits there, he will see is a bit like the Starship Enterprise, in terms of facilities. In correcting the imbalance, however, does he agree that the Arts Council needs to be careful about not potentially wrecking established institutions such as English National Opera, which was given very little notice of funding cuts? As a result, it is threatening legal action. A soft landing is needed. Does he agree that he needs to speak to the Arts Council to ensure that, when it makes such decisions in future, it has a plan in place to ensure that those institutions are at least protected and have a way in which to cope with the decision?
Stuart Andrew
I reiterate that the Arts Council is an arm’s length organisation. We have had several meetings to hear about the long processes that it has undertaken to consider each of the awards that it has made. We pushed it to increase the transition period of funding, recognising the difficulty that that may present to other people. We hope that both Arts Council England and English National Opera will work together—we certainly encourage them to—on the possibilities for the future of the organisation.
Barbara Keeley (Worsley and Eccles South) (Lab)
We all support the fairer distribution of arts funding and the principle that communities outside London should get a fairer share so that everybody everywhere can enjoy the arts, but levelling up should not be about pitting arts organisations against one another. What we have seen is an attempt to address regional disparity by shifting some funding to the regions, but doing so from a funding pot that has been shrinking since 2010. Does the Minister agree that these very short timeframes and the lack of consultation on these cuts to funding could have a very damaging impact on the ecosystem of the arts?
Several hon. Members rose—
David Simmonds (Ruislip, Northwood and Pinner) (Con)
Michelle Donelan
The Government know the importance of local youth services; that is why we launched the national youth guarantee. The youth investment fund is a £368 million investment to build up or refurbish 300 youth facilities in levelling-up priority areas. The fund opened for applications on 1 August, building on the £12 million that we distributed for minor capital projects earlier, and we expect to announce the first awards early in the new year.
Lucy Powell (Manchester Central) (Lab/Co-op)
There is a running theme here, with the fan-led review delayed, the gambling White Paper delayed, the data Bill delayed, the Online Safety Bill delayed, the media Bill delayed and, apparently, Channel 4 privatisation cancelled. It is a bit like getting an Avanti train, Mr Speaker.
Sally-Ann Hart (Hastings and Rye) (Con)
Mr Speaker
Order. I think we have had this before. These are Topical Questions, and we need very short questions so that all the other Members can get in. Unfortunately we are struggling for time, and we cannot use other people’s time: it is not fair.
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Paul Scully)
I entirely agree that social mobility is at the heart of what we want to do, and I congratulate those four institutions. If the Minister for Arts and Heritage or the Secretary of State will not come to Hastings and Rye, I certainly will.