Oral Answers to Questions
Lindsay Hoyle Excerpts(1 year, 5 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.
BBC Local Radio: Proposed Reduction in Provision
Lindsay Hoyle Excerpts(1 year, 6 months ago)
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The Minister of State, Department for Digital, Culture, Media and Sport (Julia Lopez)
I thank the hon. Lady for highlighting this news announcement that we learned about yesterday, as it gives the House an opportunity to demonstrate the value we all place on BBC local radio services.
We are currently celebrating 100 years of BBC radio. With its unique position in the radio market, the BBC has continued to develop and deliver high-quality and engaging audio services to the country and internationally over the years. BBC local radio is one of the BBC’s crown jewels. Developed in the late 1960s and 1970s, the BBC’s 39 local radio services in England still reach 5.7 million listeners each and every week. As hon. Members know, BBC local radio is highly valued outside London, where stations in Derby, Stoke, Humberside, Cornwall, Devon and elsewhere have higher reach or share numbers than the average.
Changes in patterns of listening mean that the BBC needs to look at its services, and the details about new investment in local investigative reporting are very welcome. But overall we do have concerns about the proposals, which we were not given notice of. I want to take this opportunity to stress that the BBC is rightly operationally and editorially independent from the Government, and that decisions on service delivery are ultimately a matter for it. However, the Government are disappointed that the BBC is reportedly planning to make such extensive cuts to its local radio output. We await to hear more from the BBC about how it expects those changes to impact local communities, including in respect of the provision of local news and media plurality.
At its best, as was particularly shown during the pandemic, BBC local radio is able to bring communities together and it plays a vital role in reflecting local experiences and delivering local news. For older residents living in rural areas, it can be a particular lifeline. The BBC must make sure it continues to provide distinctive and genuinely local radio services, with content that reflects and represents people and communities from all corners of the UK.
We recognise that in the current political context the BBC, like other organisations, is facing difficult financial decisions, but we are also concerned that the BBC is making such far-reaching decisions, particularly about its local news provision, without setting out further detail on how it will impact its audiences and the communities it serves. In the context of a £3.8 billion licence fee income, we do not have any details about how much this proposal is likely to save. The BBC board must make sure that the BBC complies with its charter duties. The Government are clear that Ofcom, as the BBC regulator, must make sure that the BBC is robustly held to account in delivering its mission and public purposes.
We note that as part of this announcement the BBC is also proposing establishing 11 investigative reporting teams across England. That will see the creation of 71 new journalism roles, delivering original stories across TV, radio and online services. As the House will be aware, we are currently undertaking a mid-term charter review, which we have set out and which will evaluate how the BBC and Ofcom assess the market impact and the public value of the BBC in an evolving marketplace and how that relates to the wider UK media ecology, including with regard to commercial radio and local news sectors. Handily, I am scheduled to meet the BBC next week, when I shall see the chairman and director general, and I shall raise with them the concerns that are brought to the Chamber today. We also expect the BBC to brief parliamentarians on its announcements shortly.
Emma Hardy
Thank you for granting the urgent question, Mr Speaker. Let me also welcome the Minister to her place and many of the comments she has made today. BBC local radio stations are vital as sources of information and for sharing communal experiences. I recently attended the Radio Humberside “Make a Difference Awards”, which highlighted the work of local people in their communities. In March last year, Chris Burns, the head of audio and digital for BBC England, celebrated these awards saying:
“The power of radio is huge when it comes to connecting local communities in their hour of need.”
I agree. Local radio, especially Radio Humberside, brings a feeling of belonging and companionship, especially to those who are isolated from everyday interactions. Local radio stations also hold democratically elected local politicians to account, and during the covid lockdowns they provided an invaluable service, enabling and publicising local support initiatives and disseminating up-to-the-minute news.
Local radio has 5.7 million listeners—more listeners than Radio 1 and Radio 5 Live—and it is the embodiment of public service broadcasting, remaining true to the principles behind the creation of the BBC 100 years ago. The plans announced yesterday for changes to the content of local radio—without any consultation at all of local communities—effectively mean that local radio will cease to exist after 2 pm. At Radio Humberside, 139 redundancies are predicted; as well as the impact on the individuals affected, those redundancies represent a collective loss of local expertise and knowledge and of campaigning community voices.
Does the Minister agree that local listeners should have been consulted? Does she agree that the loss of provision will be damaging to local communities as they lose an important voice for their experiences and concerns about local services, democracy and accountability? Finally, does she agree that local radio cannot call itself local when it stops being local after 2 pm?
Julia Lopez
I thank the hon. Lady for her comments and for highlighting the work done by Radio Humberside, as well as the power of radio to connect us in times of need and to ensure local democratic accountability. The mission and public purposes of the BBC include provision of output and services to the UK’s nations, regions and communities. That provision is a key part of the BBC’s remit and we hold the BBC to account for it via Ofcom; it is also something we will look at very closely in the mid-term review.
The hon. Lady highlighted the loss of local expertise. BBC local radio stations have traditionally been a fantastic way to develop local talent which has gone on to be incredibly important national talent, so we have concerns about that. She talked about the need for consultation. I would have hoped to have had more chance to examine these proposals before they were released, and I shall be talking to the BBC about that next week. I am grateful to the hon. Lady for raising these issues.
Julian Knight (Solihull) (Con)
Does the Minister recognise the very real concerns about the potential loss of local distinctiveness through the proposed cuts? Should the BBC really be once again aping the commercial sector by coalescing around theme rather than genuine distinctiveness? That is where we are going with these plans. Does the Minister recognise that the cuts make reforms to radio prominence absolutely crucial? Will she quash growing rumours that the main potential vehicle for such reforms—the media Bill—is to be shelved or delayed?
Julia Lopez
I thank my hon. Friend the Chair of the Select Committee. I am particularly grateful to him and the Committee for their very important work and investigations into local journalism, and for the opportunity to present to the Committee a couple of weeks ago. One of the issues the proposals raise is whether the BBC investing more online has an impact on local news providers, which compete for that online space. On the media Bill, we in DCMS are keen to introduce it as soon as possible and we hope to be able to provide further details.
Stephanie Peacock (Barnsley East) (Lab)
I thank my hon. Friend the Member for Kingston upon Hull West and Hessle (Emma Hardy) for securing this important urgent question, and you for granting it, Mr Speaker.
The BBC is a great British institution and local radio is the cornerstone of it. It is what the BBC does best: whether it be local traffic updates, school closures, weather or other news events, BBC local radio keeps over 6 million people across the country connected to their communities. I know that my local BBC station, Radio Sheffield, keeps the people of Barnsley informed. During the pandemic, it served as a lifeline, providing tailored local updates on the latest case numbers and guidance. More recently, local radio has shown that it has the power to keep national politicians accountable to the people we represent. Of course the BBC needs to change with the times and adapt to a world where people consume their media online, but those adaptations need not be in competition with the services that make the BBC the excellent institution it is.
Under this Government, however, the BBC has been continually undermined. In an already challenging economic environment, the Government’s looming threat of scrapping the licence fee while providing no alternative model has done nothing but further destabilise the position of the BBC. The consequences of that instability are now showing. The journalists on the ground, doing their job, have had to find out through the media that their jobs are at risk of redundancy.
The Minister must take some responsibility and answer the following questions. She said that there was no discussion between the Government and the BBC prior to the decision. What steps will she now take? May I press her again to say when we will finally see the long-awaited media Bill? How will Ministers ensure that people are still able to get high-quality local news and media that keep them connected, especially as local radio stations are often the last local newsroom standing in many areas? Does the Minister acknowledge that threatening the future of the BBC as a whole is already causing it great harm?
Julia Lopez
I thank my hon. Friend for raising the incredibly important work of BBC Radio Lancashire; I am grateful to be able to give it a shout-out. She raises the prospect of a merged Surrey-Sussex-Kent service, and she is right to highlight that that does not provide the kind of local, specialised content that people are looking for when they turn on the radio, and that there is a real risk that people will just turn to national services because that content is not sufficiently directed at them.
Mr Speaker
Of course BBC Radio Lancashire is so important, having Mike Stevens and Graham Liver there all the time.
Karl Turner (Kingston upon Hull East) (Lab)
We all appreciate the brilliance, the quality, the objectivity and the outstanding journalism, production and research of BBC radio journalists—not least, in Hull, in the coverage of rugby league, which you and I are both fans of, Mr Speaker. I urge the Minister to impress upon the director-general the crucial importance of that local knowledge in local BBC radio.
Julia Lopez
I thank the right hon. Gentleman for his suggestion. As I hope he has gathered from my responses, this urgent question has been a useful opportunity for the House to make clear its very strong feelings on this issue and has allowed everybody to highlight particular parts of the country, the particular stories that come from those parts of the country and the talent that is nurtured in those local radio stations.
Andy Carter (Warrington South) (Con)
It is true that the local media ecology has changed beyond all measurable doubt over the past 20 years, but nobody provides local radio in the UK like the BBC, because it is set up and funded as a public service broadcaster. That should be at the heart of the BBC’s delivery. Can my hon. Friend assure me that Ofcom will look carefully at the provision of local services to ensure that older audiences are not disenfranchised by this decision? How can she ensure that other local media provision, particularly online provision that relies on local revenues to support its services, is not impacted by the BBC disproportionately acting online?
Julia Lopez
I had the pleasure of staying in my hon. Friend’s constituency for a few days recently, when I enjoyed the BBC local services on offer which provided a distinct flavour of the region and the local community he represents. It is a point made by many hon. Members that that is the kind of content that people pay the licence fee for, and the BBC should be in no doubt about that.
Jim Shannon (Strangford) (DUP)
Thank you, Mr Speaker. I thank the Minister for her response to questions today. Impartiality is critical. BBC services in Northern Ireland are somewhat limited, but some programming—outside the oft-biased news pieces—is used to promote cultural events such as a Burns night supper or an Irish evening. Can the Minister confirm that the proposed reduction will include a focus on cutting the cost of some of the overpaid staff and rekindling local cultural programmes that are enjoyable and very informative?
Julia Lopez
I know that the hon. Gentleman feels strongly about issues of impartiality in the BBC, and the former Secretary of State extracted several commitments from it, with a 10-point plan to take that forward. As other Members have, he highlights the issue of salary disparity and whether the BBC is putting money in the right places. Those are all questions that need to be answered.
Dr Neil Hudson (Penrith and The Border) (Con)
I share the concerns raised by hon. Members on both sides of the House and by the Minister about these retrograde proposals. In rural areas such as Cumbria, people rely on local radio stations such as BBC Radio Cumbria and on terrestrial TV. They provide a lifeline for news and education, mitigate against rural isolation and support people’s rural mental health. Does she agree that we should resist such reductions and that, in fact, we should bolster and support such vital services?
Julia Lopez
I have said several times, and I will say again, that this is the kind of public service broadcasting content that people pay their licence fee for. Hon. Members have got their views on the issue across loud and clear. I am grateful to everyone who has participated in the urgent question and I will take all the comments and issues that have been raised to the director-general when I meet him next week.
Oral Answers to Questions
Lindsay Hoyle Excerpts(1 year, 6 months ago)
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Michelle Donelan
Crimes such as those that the hon. Member has mentioned, including hate crimes, are not acceptable on any platform. As I have said, we will bring back the Online Safety Bill imminently. I cannot announce House business here today, but I can assure all Members that the Bill will be coming back very shortly. I share his concerns, as I am sure do all Members.
Julian Knight (Solihull) (Con)
Let me first welcome the Secretary of State to her place, and welcome, too, the refreshing degree of engagement with the Select Committee that is now under way. I also welcome her assurance that she will be strengthening the Online Safety Bill’s protections for children, but there has been speculation, following previous comments, that she will be reviewing the duties of care for adults relating to so-called “legal but harmful content”. Can she clarify what changes she is minded to make in relation to such content?
Michelle Donelan
We will be coming back to the House with this in due course, and the Bill will be coming back imminently. This is my key priority—I cannot stress that enough. Protecting children should be the fundamental responsibility of this House, and we will strengthen the provisions for children. I have given that assurance directly to Ian Russell, and I give it again now in the House. We are, however, rebalancing elements for adults’ freedom of speech, while also holding social media companies to account so that they cannot treat different races and religions differently, contrary to their own terms and conditions. Fundamentally, the Bill must be about ensuring that we are protecting children, and we will be bringing it back to the House as soon as possible.
Alex Davies-Jones (Pontypridd) (Lab)
Last weekend there was yet another case of vile online racist abuse being hurled at a professional footballer, on this occasion the Brentford striker Ivan Toney. Ironically, tomorrow we will all come together to recognise Show Racism the Red Card day. If the Government are at all serious about keeping people safe online, it is vital for those at the top of these multimillion-pound social media companies to be held personally accountable. The Online Safety Bill is our opportunity to do better. Can the Minister therefore tell us exactly why the Government have failed to introduce personal criminal liability measures for senior leaders who have fallen short on their statutory duty to protect us online?
Michelle Donelan
I think it is about time the Opposition remembered that it is this Government who are introducing the Online Safety Bill. It is this Government who committed themselves to it in our manifesto. As I have already told Opposition Members, we will bring it back imminently. I am sure you agree, Mr Speaker, that it would not be proper for me to announce House business here today, but I can assure the hon. Member that this is my top priority. We will be coming back with the Bill shortly. I mean what I say, and I will do what I say.
Michelle Donelan
As I said in answer to the hon. Gentleman’s first question, I am thoroughly reviewing the business case, which is the right thing to do—I am an evidence-based politician. We have a fantastic, growing creative industry in this country, which relies on platforms such as Channel 4. That is, of course, part of the decision- making process.
Stephanie Peacock (Barnsley East) (Lab)
Privatising Channel 4 could result in over 1,000 jobs being lost from the supply chain in our nations and regions. Ministers cannot claim to support levelling up while letting this loss go ahead. When will they finally confirm that they know privatising Channel 4 is the wrong decision for our economy, regions and culture?
Michelle Donelan
My ministerial team and I, as well as the Department, work closely with the Department for Education. Media literacy is of course essential, and the Online Safety Bill will strengthen Ofcom’s media literacy functions. I look forward to further discussions about this with that Department.
Lucy Powell (Manchester Central) (Lab/Co-op)
I welcome the new Secretary of State to her post. She and I have worked together before and I look forward to working with her again in future.
Molly Russell’s death was an avoidable tragedy and serves as a further call to action to regulate social media. We owe it to her family and countless others to do this without delay—this is beyond party politics. The coroner found that much of the self-harm and suicide material that Molly saw was not content she sought, but was pushed to her by engagement algorithms. That goes to the heart of what the Online Safety Bill was seeking to address. Although it was not perfect, the Bill had almost completed its passage here before the summer, and it was already long overdue. Does the Secretary of State accept that these delays are costing lives? Will she take up the offer that I have made to her in private to work together to do whatever it takes to get this Bill on the statute book as soon as possible?
Stephen Hammond (Wimbledon) (Con)
The Secretary of State for Digital, Culture, Media and Sport (Michelle Donelan)
I want to start by paying tribute to my Department for its role in Her late Majesty’s funeral and the Lying in State. At the same time, we have also been getting on with delivering the Government’s priorities. In the coming weeks, we will, among other things, be announcing a new package of measures to assist broadband roll-out, bringing back the Online Safety Bill, providing an update on Channel 4 after reviewing the business case and updating the Gambling Act 2005 and the fan-led reviews.
Stuart Andrew
It seems, following the earlier question from the hon. Member for Bradford East (Imran Hussain), that I am going to have a day trip to Bradford, which I am more than happy to do, considering that it is right next door to my constituency. I was pleased to be at the launch of the men’s tournament; it is fantastic that we are hosting the rugby league world cup, and the hon. Lady rightly highlights Bradford’s ambitious plans, particularly given its city of culture status. I would be more than happy to come and see her.
Mr Philip Hollobone (Kettering) (Con)
We need more full-fibre and gigabit-capable broadband in the Kettering constituency. Can we have it sooner rather than later?
The Attorney General
Justice delayed is justice denied, and that is as accurate today as it ever was. We have to move at pace, while getting it right, and collating the evidence is important. I can tell the hon. Gentleman that we are doing everything we can to support the Ukrainians in every conceivable way, including in this area.
Angela Crawley (Lanark and Hamilton East) (SNP)
I welcome the Attorney General back to his place; he is providing much needed continuity amidst the chaos. Bombings of civilians, conducting executions, torturing war prisoners and sexual violence—independent investigators have concluded that Russia has committed all those crimes. I have heard what the Government intend to do, but what specific steps will they take now and in the future to ensure that perpetrators face the consequences of their actions in an international court?
Online Safety Bill
Lindsay Hoyle ExcerptsTuesday 12th July 2022
(1 year, 10 months ago)
Commons ChamberRead Full debate Online Safety Act 2023 View all Online Safety Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 12 July 2022 - (12 Jul 2022)
Mr Speaker
With this it will be convenient to discuss the following:
New clause 2—Secretary of State’s powers to suggest modifications to a code of practice—
“(1) The Secretary of State may on receipt of a code write within one month of that day to OFCOM with reasoned, evidence-based suggestions for modifying the code.
(2) OFCOM shall have due regard to the Secretary of State’s letter and must reply to the Secretary of State within one month of receipt.
(3) The Secretary of State may only write to OFCOM twice under this section for each code.
(4) The Secretary of State and OFCOM shall publish their letters as soon as reasonably possible after transmission, having made any reasonable redactions for public safety and national security.
(5) If the draft of a code of practice contains modifications made following changes arising from correspondence under this section, the affirmative procedure applies.”
New clause 3—Priority illegal content: violence against women and girls—
“(1) For the purposes of this Act, any provision applied to priority illegal content should also be applied to any content which—
(a) constitutes,
(b) encourages, or
(c) promotes
(2) ‘Violence against women and girls’ is defined by Article 3 of the Council of Europe Convention on Preventing Violence Against Women and Domestic Violence (‘the Istanbul Convention’).”
This new clause applies provisions to priority illegal content to content which constitutes, encourages or promotes violence against women and girls.
New clause 4—Duty about content advertising or facilitating prostitution: Category 1 and Category 2B services—
“(1) A provider of a Category 1 or Category 2B service must operate the service so as to—
(a) prevent individuals from encountering content that advertises or facilitates prostitution;
(b) minimise the length of time for which any such content is present;
(c) where the provider is alerted by a person to the presence of such content, or becomes aware of it in any other way, swiftly take down such content.
(2) A provider of a Category 1 or Category 2B service must include clear and accessible provisions in a publicly available statement giving information about any proactive technology used by the service for the purpose of compliance with the duty set out in subsection (1) (including the kind of technology, when it is used, and how it works).
(3) If a person is the provider of more than one Category 1 or Category 2B service, the duties set out in this section apply in relation to each such service.
(4) The duties set out in this section extend only to the design, operation and use of a Category 1 or Category 2B service in the United Kingdom.
(5) For the meaning of ‘Category 1 service’ and ‘Category 2B service’, see section 81 (register of categories of services).
(6) For the meaning of ‘prostitution’, see section 54 of the Sexual Offences Act 2003.”
New clause 5—Duty about content advertising or facilitating prostitution: Category 2A services—
“(1) A provider of a Category 2A service must operate that service so as to minimise the risk of individuals encountering content which advertises or facilitates prostitution in or via search results of the service.
(2) A provider of a Category 2A service must include clear and accessible provisions in a publicly available statement giving information about any proactive technology used by the service for the purpose of compliance with the duty set out in subsection (1) (including the kind of technology, when it is used, and how it works).
(3) The reference to encountering content which advertises or facilitates prostitution “in or via search results” of a search service does not include a reference to encountering such content as a result of any subsequent interactions with an internet service other than the search service.
(4) If a person is the provider of more than one Category 2A service, the duties set out in this section apply in relation to each such service.
(5) The duties set out in this section extend only to the design, operation and use of a Category 2A service in the United Kingdom.
(6) For the meaning of ‘Category 2A service’, see section 81 (register of categories of services).
(7) For the meaning of ‘prostitution’, see section 54 of the Sexual Offences Act 2003.”
New clause 6—Duty about content advertising or facilitating prostitution: internet services providing pornographic content—
“(1) A provider of an internet service within the scope of section 67 of this Act must operate that service so as to—
(a) prevent individuals from encountering content that advertises or facilitates prostitution;
(b) minimise the length of time for which any such content is present;
(c) where the provider is alerted by a person to the presence of such content, or becomes aware of it in any other way, swiftly take down such content.
(2) A provider of an internet service under this section must include clear and accessible provisions in a publicly available statement giving information about any proactive technology used by the service for the purpose of compliance with the duty set out in subsection (1) (including the kind of technology, when it is used, and how it works).
(3) If a person is the provider of more than one internet service under this section, the duties set out in this section apply in relation to each such service.
(4) For the meaning of ‘prostitution’, see section 54 of the Sexual Offences Act 2003.”
New clause 8—Duties about advertisements for cosmetic procedures—
“(1) A provider of a regulated service must operate the service using systems and processes designed to—
(a) prevent individuals from encountering advertisements for cosmetic procedures that do not meet the conditions specified in subsection (3);
(b) minimise the length of time for which any such advertisement is present;
(c) where the provider is alerted by a person to the presence of such an advertisement, or becomes aware of it in any other way, swiftly take it down.
(2) A provider of a regulated service must include clear and accessible provisions in the terms of service giving information about any proactive technology used by the service for the purpose of compliance with the duty set out in subsection (1) (including the kind of technology, when it is used, and how it works).
(3) The conditions under subsection (1)(a) are that the advertisement—
(a) contains a disclaimer as to the health risks of the cosmetic procedure, and
(b) includes a certified service quality indicator.
(4) If a person is the provider or more than one regulated service, the duties set out in this section apply in relation to each such service.
(5) The duties set out in this section extent only to the design, operation and use of a regulated service in the United Kingdom.
(6) For the meaning of ‘regulated service’, see section 3 (‘Regulated service’. ‘Part 3 service’ etc).”
This new clause would place a duty on all internet service providers regulated by the Bill to prevent individuals from encountering adverts for cosmetic procedures that do not contain a disclaimer as to the health risks of the procedure nor include a certified service quality indicator.
New clause 9—Content harmful to adults risk assessment duties: regulated search services—
“(1) This section sets out the duties about risk assessments which apply in relation to all regulated search services.
(2) A duty to carry out a suitable and sufficient priority adults risk assessment at a time set out in, or as provided by Schedule 3.
(3) A duty to take appropriate steps to keep an adults’ risk assessment up to date, including when OFCOM make any significant change to a risk profile that relates to services of the kind in question.
(4) Before making any significant change to any aspect of a service’s design or operation, a duty to carry out a further suitable and sufficient adult risk assessment relating to the impacts of that proposed change.
(5) An ‘adults risk assessment’ of a service of a particular kind means an assessment of the following matters, taking into account the risk profile that relates to services of that kind—
(a) the level of risk of individuals who are users of the service encountering each kind of priority content that is harmful to adults (with each kind separately assessed), taking into account (in particular) risks presented by algorithms used by the service, and the way that the service indexes, organises and presents search results;
(b) the level of risk of functionalities of the service facilitating individuals encountering search content that is harmful to adults, identifying and assessing those functionalities that present higher levels of risk;
(c) the nature, and severity, of the harm that might be suffered by individuals from the matters identified in accordance with paragraphs (a) and (b);
(d) how the design and operation of the service (including the business model, governance, use of proactive technology, measures to promote users’ media literacy and safe use of the service, and other systems and processes) may reduce or increase the risks identified.
(6) In this section, references to risk profiles are to the risk profiles for the time being published under section 84 which relate to the risk of harm to adults presented by priority content that is harmful to adults.
(7) See also—section 20(2) (records of risk assessments), and Schedule 3 (timing of providers’ assessments).”
New clause 10—Safety Duties Protecting Adults: regulated search services—
“(1) This section sets out the duties about protecting adults which apply in relation to all regulated search services.
(2) A duty to summarise in the policies of the search service the findings of the most recent adults’ risk assessment of a service (including as to levels of risk and as to nature, and severity, of potential harm to adults).
(3) A duty to include provisions in the search service policies specifying, in relation to each kind of priority content that is harmful to adults that is to be treated in a way described in subsection (4), which of those kinds of treatment is to be applied.
(4) The duties set out in subsections (2) and (3) apply across all areas of a service, including the way the search engine is operated and used as well as search content of the service, and (among other things) require the provider of a service to take or use measures in the following areas, if it is proportionate to do so—
(a) regulatory compliance and risk management arrangements,
(b) design of functionalities, algorithms and other features relating to the search engine,
(c) functionalities allowing users to control the content they encounter in search results,
(d) content prioritisation and ranking,
(e) user support measures, and
(f) staff policies and practices.
(5) A duty to explain in the terms of service the provider’s response to the risks relating to priority content that is harmful to adults (as identified in the most recent adults’ risk assessment of the service), by reference to—
(a) any provisions of the policies included in compliance with the duty set out in subsection (3), and
(b) any other provisions of the terms of service designed to mitigate or manage those risks.
(6) If provisions are included in the policies in compliance with the duty set out in subsection (3), a duty to ensure that those provisions—
(a) are clear and accessible, and
(b) are applied consistently in relation to content which the provider reasonably considers is priority
(NaN) If the provider of a service becomes aware of any non-designated content that is harmful to adults present on the service, a duty to notify OFCOM of—
(a) the kinds of such content identified, and
(b) the incidence of those kinds of content on the service.
(NaN) A duty to ensure that the provisions of the publicly available statement referred to in subsections (5) and (7) are clear and accessible.
(NaN) In this section—
‘adults’ risk assessment’ has the meaning given by section 12;
‘non-designated content that is harmful to adults’ means content that is harmful to adults other than priority content that is harmful to adults.”
New clause 18—Child user empowerment duties—
“(1) This section sets out the duties to empower child users which apply in relation to Category 1 services.
(2) A duty to include in a service, to the extent that it is proportionate to do so, features which child users may use or apply if they wish to increase their control over harmful content.
(3) The features referred to in subsection (2) are those which, if used or applied by a user, result in the use by the service of systems or processes designed to—
(a) reduce the likelihood of the user encountering priority content that is harmful, or particular kinds of such content, by means of the service, or
(b) alert the user to the harmful nature of priority content that is harmful that the user may encounter by means of the service.
(4) A duty to ensure that all features included in a service in compliance with the duty set out in subsection (2) are made available to all child users.
(5) A duty to include clear and accessible provisions in the terms of service specifying which features are offered in compliance with the duty set out in subsection (2), and how users may take advantage of them.
(6) A duty to include in a service features which child users may use or apply if they wish to filter out non-verified users.
(7) The features referred to in subsection (6) are those which, if used or applied by a user, result in the use by the service of systems or processes designed to—
(a) prevent non-verified users from interacting with content which that user generates, uploads or shares on the service, and
(b) reduce the likelihood of that user encountering content which non-verified users generate, upload or share on the service.
(8) A duty to include in a service features which child users may use or apply if they wish to only encounter content by users they have approved.
(9) A duty to include in a service features which child users may use or apply if they wish to filter out private messages from—
(a) non-verified users, or
(b) adult users, or
(c) any user other than those on a list approved by the child user.
(10) In determining what is proportionate for the purposes of subsection (2), the following factors, in particular, are relevant—
(a) all the findings of the most recent child risk assessment (including as to levels of risk and as to nature, and severity, of potential harm), and
(b) the size and capacity of the provider of a service.
(11) In this section ‘non-verified user’ means a user who has not verified their identity to the provider of a service (see section 57(1)).
(12) In this section references to features include references to functionalities and settings.”
New clause 24—Category 1 services: duty not to discriminate, harass or victimise against service users—
“(1) The following duties apply to all providers of Category 1 services.
(2) A duty not to discriminate, on the grounds of a protected characteristic, against a person wishing to use the service by not providing the service, if the result of not providing the service is to cause harm to that person.
(3) A duty not to discriminate, on the grounds of a protected characteristic, against any user of the service in a way that causes harm to the user—
(a) as to the terms on which the provider provides the service to the user;
(b) by terminating the provision of the service to the user;
(c) by subjecting the user to any other harm.
(4) A duty not to harass, on the grounds of a protected characteristic, a user of the service in a way that causes harm to the user.
(5) A duty not to victimise because of a protected characteristic a person wishing to use the service by not providing the user with the service, if the result of not providing the service is to cause harm to that person.
(6) A duty not to victimise a service user—
(a) as to the terms on which the provider provides the service to the user;
(b) by terminating the provision of the service to the user;
(c) by subjecting the user to any other harm.
(7) In this section—
references to harassing, discriminating or victimising have the same meaning as set out in Part 2 of the Equality Act 2010;
‘protected characteristic’ means a characteristic listed in section 4 of the Equality Act 2010.”
This new clause would place a duty, regulated by Ofcom, on Category 1 service providers not to discriminate, harass or victimise users of their services on the basis of a protected characteristic if doing so would result in them being caused harm. Discrimination, harassment and victimisation, and protected characteristics, have the same meaning as in the Equality Act 2010.
New clause 25—Report on duties that apply to all internet services likely to be accessed by children—
“(1) Within 12 months of this Act receiving Royal Assent, the Secretary of State must commission an independent evaluation of the matters under subsection (2) and must lay the report of the evaluation before Parliament.
(2) The evaluation under subsection (1) must consider whether the following duties should be imposed on all providers of services on the internet that are likely to be accessed by children, other than services regulated by this Act—
(a) duties similar to those imposed on regulated services by sections 10 and 25 of this Act to carry out a children’s risk assessment, and
(b) duties similar to those imposed on regulated services by sections 11 and 26 of this Act to protect children’s online safety.”
This new clause would require the Secretary of State to commission an independent evaluation on whether all providers of internet services likely to be accessed by children should be subject to child safety duties and must conduct a children’s risk assessment.
New clause 26—Safety by design—
“(1) In exercising their functions under this Act—
(a) The Secretary of State, and
(b) OFCOM
must have due regard to the principles in subsections (2)-(3).
(2) The first principle is that providers of regulated services should design those services to prevent harmful content from being disseminated widely, and that this is preferable in the first instance to both—
(a) removing harmful content after it has already been disseminated widely, and
(b) restricting which users can access the service or part of it on the basis that harmful content is likely to disseminate widely on that service.
(4) The second principle is that providers of regulated services should safeguard freedom of expression and participation, including the freedom of expression and participation of children.”
This new clause requires the Secretary of State and Ofcom to have due regard to the principle that internet services should be safe by design.
New clause 27—Publication of risk assessments—
“Whenever a Category 1 service carries out any risk assessment pursuant to Part 3 of this Act, the service must publish the risk assessment on the service’s website.”
New clause 38—End-to-end encryption—
“Nothing in this Act shall prevent providers of user-to-user services protecting their users’ privacy through end-to-end encryption.”
Government amendment 57.
Amendment 202, in clause 6, page 5, line 11, at end insert—
“(ba) the duty about pornographic content set out in Schedule [Additional duties on pornographic content].”
This amendment ensures that user-to-user services must meet the new duties set out in NS1.
Government amendments 163, 58, 59 and 60.
Amendment 17, in clause 8, page 7, line 14, at end insert—
“(h) how the service may be used in conjunction with other regulated user-to-user services such that it may—
(i) enable users to encounter illegal content on other regulated user-to-user services, and
(ii) constitute part of a pathway to harm to individuals who are users of the service, in particular in relation to CSEA content.”
This amendment would incorporate into the duties a requirement to consider cross-platform risk.
Amendment 15, in clause 8, page 7, line 14, at end insert—
“(5A) The duties set out in this section apply in respect of content which reasonably foreseeably facilitates or aids the discovery or dissemination of CSEA content.”
This amendment extends the illegal content risk assessment duties to cover content which could be foreseen to facilitate or aid the discovery or dissemination of CSEA content.
Government amendments 61 and 62.
Amendment 18, page 7, line 30 [Clause 9], at end insert—
“(none) ‘, including by being directed while on the service towards priority illegal content hosted by a different service;’
This amendment aims to include within companies’ safety duties a duty to consider cross-platform risk.
Amendment 16, in clause 9, page 7, line 35, at end insert—
“(d) minimise the presence of content which reasonably foreseeably facilitates or aids the discovery or dissemination of priority illegal content, including CSEA content.”
This amendment brings measures to minimise content that may facilitate or aid the discovery of priority illegal content within the scope of the duty to maintain proportionate systems and processes.
Amendment 19, in clause 9, page 7, line 35, at end insert—
“(3A) A duty to collaborate with other companies to take reasonable and proportionate measures to prevent the means by which their services can be used in conjunction with other services to facilitate the encountering or dissemination of priority illegal content, including CSEA content.”
This amendment creates a duty to collaborate in cases where there is potential cross-platform risk in relation to priority illegal content and CSEA content.
Government amendments 63 to 67.
Amendment 190, page 10, line 11, in clause 11, at end insert “, and—
(c) mitigate the harm to children caused by habit-forming features of the service by consideration and analysis of how processes (including algorithmic serving of content, the display of other users’ approval of posts and notifications) contribute to development of habit-forming behaviour.”
This amendment requires services to take or use proportionate measures to mitigate the harm to children caused by habit-forming features of a service.
Government amendments 68 and 69.
Amendment 42, page 11, line 16, in clause 11, at end insert—
“(c) the benefits of the service to children’s well-being.”
Amendment 151, page 12, line 43, leave out Clause 13.
This amendment seeks to remove Clause 13 from the Bill.
Government amendment 70.
Amendment 48, page 13, line 5, in clause 13, leave out “is to be treated” and insert
“the provider decides to treat”
This amendment would mean that providers would be free to decide how to treat content that has been designated ‘legal but harmful’ to adults.
Amendment 49, page 13, line 11, in clause 13, at end insert—
‘(ca) taking no action;”
This amendment provides that providers would be free to take no action in response to content referred to in subsection (3).
Government amendments 71 and 72.
Amendment 157, page 14, line 11, in clause 14, leave out subsections (6) and (7).
This amendment is consequential to Amendment 156, which would require all users of Category 1 services to be verified.
Government amendments 73, 164, 74 and 165.
Amendment 10, page 16, line 16, in clause 16, leave out from “or” until the end of line 17.
Government amendments 166 and 167.
Amendment 50, page 20, line 21, in clause 19, at end insert—
“(6A) A duty to include clear provision in the terms of service that the provider will not take down, or restrict access to content generated, uploaded or shared by a user save where it reasonably concludes that—
(a) the provider is required to do so pursuant to the provisions of this Act, or
(b) it is otherwise reasonable and proportionate to do so.”
This amendment sets out a duty for providers to include in terms of service a commitment not to take down or restrict access to content generated, uploaded or shared by a user except in particular circumstances.
Government amendment 168.
Amendment 51, page 20, line 37, in clause 19, at end insert—
“(10) In any claim for breach of contract brought in relation to the provisions referred to in subsection (7), where the breach is established, the court may make such award by way of compensation as it considers appropriate for the removal of, or restriction of access to, the content in question.”
This amendment means that where a claim is made for a breach of the terms of service result from Amendment 50, the court has the power to make compensation as it considers appropriate.
Government amendment 169.
Amendment 47, page 22, line 10, in clause 21, at end insert—
“(ba) the duties about adults’ risk assessment duties in section (Content harmful to adult risk assessment duties: regulated search services),
(bb) the safety duties protecting adults in section (Safety duties protecting adults: regulated search services).”
Government amendments 75 to 82.
Amendment 162, page 31, line 19, in clause 31, leave out “significant”
This amendment removes the requirement for there to be a “significant” number of child users, and replaces it with “a number” of child users.
Government amendments 85 to 87.
Amendment 192, page 36, line 31, in clause 37, at end insert—
“(ha) persons whom OFCOM consider to have expertise in matters relating to the Equality Act 2010,”
This amendment requires Ofcom to consult people with expertise on the Equality Act 2010 about codes of practice.
Amendment 44, page 37, line 25, in clause 39, leave out from beginning to the second “the” in line 26.
This amendment will remove the ability of the Secretary of State to block codes of practice being, as soon as practical, laid before the House for its consideration.
Amendment 45, page 38, line 8, leave out Clause 40.
This amendment will remove the ability of the Secretary of State to block codes of practice being, as soon as practical, laid before the House for its consideration.
Amendment 13, page 38, line 12, in clause 40, leave out paragraph (a).
Amendment 46, page 39, line 30, leave out Clause 41.
This amendment will remove the ability of the Secretary of State to block codes of practice being, as soon as practical, laid before the House for its consideration.
Amendment 14, page 39, line 33, in clause 41, leave out subsection (2).
Amendment 21, page 40, line 29, in clause 43, leave out “may require” and insert “may make representations to”
Amendment 22, page 40, line 33, in clause 43, at end insert—
‘(2A) OFCOM must have due regard to representations by the Secretary of State under subsection (2).”
Government amendments 88 to 89 and 170 to 172.
Amendment 161, page 45, line 23, in clause 49, leave out paragraph (d).
This amendment removes the exemption for one-to-one live aural communications.
Amendment 188, page 45, line 24, in clause 49, leave out paragraph (e).
This amendment removes the exemption for comments and reviews on provider content.
Government amendments 90 and 173.
Amendment 197, page 47, line 12, in clause 50, after “material” insert
“or special interest news material”.
Amendment 11, page 47, line 19, in clause 50, after “has” insert “suitable and sufficient”.
Amendment 198, page 47, line 37, in clause 50, leave out the first “is” and insert
“and special interest news material are”.
Amendment 199, page 48, line 3, in clause 50, at end insert—
““special interest news material” means material consisting of news or information about a particular pastime, hobby, trade, business, industry or profession.”
Amendment 12, page 48, line 7, in clause 50, after “a” insert “suitable and sufficient”.
Government amendments 91 to 94.
Amendment 52, page 49, line 13, in clause 52, leave out paragraph (d).
This amendment limits the list of relevant offences to those specifically specified.
Government amendments 95 to 100.
Amendment 20, page 51, line 3, in clause 54, at end insert—
‘(2A) Priority content designated under subsection (2) must include—
(a) content that contains public health related misinformation or disinformation, and
(b) misinformation or disinformation that is promulgated by a foreign state.”
This amendment would require the Secretary of State’s designation of “priority content that is harmful to adults” to include public health-related misinformation or disinformation, and misinformation or disinformation spread by a foreign state.
Amendment 53, page 51, line 47, in clause 55, after “State” insert “reasonably”.
This amendment, together with Amendment 54, would mean that the Secretary of State must reasonably consider the risk of harm to each one of an appreciable number of adults before specifying a description of the content.
Amendment 54, page 52, line 1, in clause 55, after “to” insert “each of”.
This amendment is linked to Amendment 53.
Amendment 55, page 52, line 12, in clause 55, after “OFCOM” insert
“, Parliament and members of the public in a manner the Secretary of State considers appropriate”.
This amendment requires the Secretary of State to consult Parliament and the public, as well as Ofcom, in a manner the Secretary of State considers appropriate before making regulations about harmful content.
Government amendments 147 to 149.
Amendment 43, page 177, line 23, in schedule 4, after “ages” insert
“, including the benefits of the service to their well-being,”
Amendment 196, page 180, line 9, in schedule 4, at end insert—
Amendment 187, page 186, line 32, in schedule 7, at end insert—
“Human trafficking
22A An offence under section 2 of the Modern Slavery Act 2015.”
This amendment includes Human Trafficking as a priority offence.
Amendment 211, page 187, line 23, in schedule 7, at end insert—
Government new clause 14.
Government new clause 15.
Government amendments 83 to 84.
Amendment 156, page 53, line 7, in clause 57, leave out subsections (1) and (2) and insert—
‘(1) A provider of a Category 1 service must require all adult users of the service to verify their identity in order to access the service.
(2) The verification process—
(a) may be of any kind (and in particular, it need not require documentation to be provided),
(b) must—
(i) be carried out by a third party on behalf of the provider of the Category 1 service,
(ii) ensure that all anonymous users of the Category 1 service cannot be identified by other users, apart from where provided for by section (Duty to ensure anonymity of users).”
This amendment would require all users of Category 1 services to be verified. The verification process would have to be carried out by a third party and to ensure the anonymity of users.
Government amendment 101.
Amendment 193, page 58, line 33, in clause 65, at end insert—
“(ea) persons whom OFCOM consider to have expertise in matters relating to the Equality Act 2010,”
This amendment requires Ofcom to consult people with expertise on the Equality Act 2010 in respect of guidance about transparency reports.
Amendment 203, page 60, line 33, in clause 68, at end insert—
‘(2B) A duty to meet the conditions set out in Schedule [Additional duties on pornographic content].”
This amendment ensures that commercial pornographic websites must meet the new duties set out in NS1.
Government amendments 141, 177 to 184, 142 to 145, 185 to 186 and 146.
New schedule 1—Additional duties on pornographic content
“30 All user-to-user services and an internet service which provides regulated provider pornographic content must meet the following conditions for pornographic content and content that includes sexual photographs and films (“relevant content”).
The conditions are—
(a) the service must not contain any prohibited material,
(b) the service must review all relevant content before publication.
31 In this Schedule—
“photographs and films” has the same meaning as section 34 of the Criminal Justice and Courts Act 2015 (meaning of “disclose” and “photograph or film”)
“prohibited material” has the same meaning as section 368E(3) of the Communications Act 2003 (harmful material).”
The new schedule sets out additional duties for pornographic content which apply to user-to-user services under Part 3 and commercial pornographic websites under Part 5.
Government amendments 150 and 174.
Amendment 191, page 94, line 24, in clause 12, at end insert—
“Section [Category 1 services: duty not to discriminate against, harass or victimise service users] Duty not to discriminate against, harass or victimise
This amendment makes NC24 an enforceable requirement.
Government amendment 131.
Damian Collins
Thank you, Mr Speaker. I am honoured to have been appointed the Minister responsible for the Online Safety Bill. Having worked on these issues for a number of years, I am well aware of the urgency and importance of this legislation, in particular to protect children and tackle criminal activity online—that is why we are discussing this legislation.
Relative to the point of order from my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), I have the greatest respect for him and his standing in this House, but it feels like we have been discussing this Bill for at least five years. We have had a Green Paper and a White Paper. We had a pre-legislative scrutiny process, which I was honoured to be asked to chair. We have had reports from the Digital, Culture, Media and Sport Committee and from other Select Committees and all-party parliamentary groups of this House. This legislation does not want for scrutiny.
We have also had a highly collaborative and iterative process in the discussion of the Bill. We have had 66 Government acceptances of recommendations made by the Joint Committee on the draft Online Safety Bill. We have had Government amendments in Committee. We are discusssing Government amendments today and we have Government commitments to table amendments in the House of Lords. The Bill has received a huge amount of consultation. It is highly important legislation, and the victims of online crime, online fraud, bullying and harassment want to see us get the Bill into the Lords and on the statute book as quickly as possible.
Damian Collins
I completely agree with my right hon. and learned Friend. That is why the Bill passed Second Reading without a Division and the Joint Committee produced a unanimous report. I am happy for Members to cast me in the role of poacher turned gamekeeper on the Bill, but looking around the House, there are plenty of gamekeepers turned poachers here today who will ensure we have a lively debate.
Damian Collins
Exactly. The concept at the heart of this legislation is simple. Tech companies, like those in every other sector, must take appropriate responsibility for the consequences of their business decisions. As they continue to offer their users the latest innovations that enrich our lives, they must consider safety as well as profit. They must treat their users fairly and ensure that the internet remains a place for robust debate. The Bill has benefited from input and scrutiny from right across the House. I pay tribute to my predecessor, my hon. Friend the Member for Croydon South (Chris Philp), who has worked tirelessly on the Bill, not least through 50 hours of Public Bill Committee, and the Bill is better for his input and work.
We have also listened to the work of other Members of the House, including my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright), the right hon. Member for Barking (Dame Margaret Hodge), my right hon. Friend the Member for Haltemprice and Howden and the Chair of the Select Committee, my hon. Friend the Member for Solihull (Julian Knight), who have all made important contributions to the discussion of the Bill.
We have also listened to those concerned about freedom of expression online. It is worth pausing on that, as there has been a lot of discussion about whether the Bill is censoring legal speech online and much understandable outrage from those who think it is. I asked the same questions when I chaired the Joint Committee on the Bill. This debate does not reflect the actual text of the Bill itself. The Bill does not require platforms to restrict legal speech—let us be absolutely clear about that. It does not give the Government, Ofcom or tech platforms the power to make something illegal online that is legal offline. In fact, if those concerned about the Bill studied it in detail, they would realise that the Bill protects freedom of speech. In particular, the Bill will temper the huge power over public discourse wielded by the big tech companies behind closed doors in California. They are unaccountable for the decisions they make on censoring free speech on a daily basis. Their decisions about what content is allowed will finally be subject to proper transparency requirements.
Dame Diana Johnson (Kingston upon Hull North) (Lab)
I beg to move, That the clause be read a Second time.
Mr Deputy Speaker
With this it will be convenient to discuss the following:
New clause 33—Meaning of “pornographic content”—
“(1) In this Act ‘pornographic content’ means any of the following—
(a) a video work in respect of which the video works authority has issued an R18 certificate;
(b) content that was included in a video work to which paragraph (a) applies, if it is reasonable to assume from its nature that its inclusion was among the reasons why the certificate was an R18 certificate;
(c) any other content if it is reasonable to assume from its nature that any classification certificate issued in respect of a video work including it would be an R18 certificate;
(d) a video work in respect of which the video works authority has issued an 18 certificate, and that it is reasonable to assume from its nature was produced solely or principally for the purposes of sexual arousal;
(e) content that was included in a video work to which paragraph (d) applies, if it is reasonable to assume from the nature of the content—
(i) that it was produced solely or principally for the purposes of sexual arousal, and
(ii) that its inclusion was among the reasons why the certificate was an 18 certificate;
(f) any other content if it is reasonable to assume from its nature—
(i) that it was produced solely or principally for the purposes of sexual arousal, and
(ii) that any classification certificate issued in respect of a video work including it would be an 18 certificate;
(g) a video work that the video works authority has determined not to be suitable for a classification certificate to be issued in respect of it, if—
(i) it includes content that it is reasonable to assume from its nature was produced solely or principally for the purposes of sexual arousal, and
(ii) it is reasonable to assume from the nature of that content that its inclusion was among the reasons why the video works authority made that determination;
(h) content that was included in a video work that the video works authority has determined not to be suitable for a classification certificate to be issued in respect of it, if it is reasonable to assume from the nature of the content—
(i) that it was produced solely or principally for the purposes of sexual arousal, and
(ii) that its inclusion was among the reasons why the video works authority made that determination;
(i) any other content if it is reasonable to assume from the nature of the content—
(i) that it was produced solely or principally for the purposes of sexual arousal, and
(ii) that the video works authority would determine that a video work including it was not suitable for a classification certificate to be issued in respect of it.
(2) In this section—
‘18 certificate’ means a classification certificate which—
(a) contains, pursuant to section 7(2)(b) of the Video Recordings Act 1984, a statement that the video work is suitable for viewing only by persons who have attained the age of 18 and that no video recording containing that work is to be supplied to any person who has not attained that age, and
(b) does not contain the statement mentioned in section 7(2)(c) of that Act that no video recording containing the video work is to be supplied other than in a licensed sex shop;
‘classification certificate’ has the same meaning as in the Video Recordings Act 1984 (see section 7 of that Act);
‘content’ means—
(a) a series of visual images shown as a moving picture, with or without sound;
(b) a still image or series of still images, with or without sound; or
(c) sound;
‘R18 certificate’ means a classification certificate which contains the statement mentioned in section 7(2)(c) of the Video Recordings Act 1984 that no video recording containing the video work is to be supplied other than in a licensed sex shop;
‘the video works authority’ means the person or persons designated under section 4(1) of the Video Recordings Act 1984 as the authority responsible for making arrangements in respect of video works other than video games;
‘video work’ means a video work within the meaning of the Video Recordings Act 1984, other than a video game within the meaning of that Act.”
This new clause defines pornographic content for the purposes of the Act and would apply to user-to-user services and commercial pornographic content.
Amendment 205, in clause 34, page 33, line 23, at end insert—
“(3A) But an advertisement shall not be regarded as regulated user-generated content and precluded from being a ‘fraudulent advertisement’ by reason of the content constituting the advertisement being generated directly on, uploaded to, or shared on a user-to-user service before being modified to a paid-for advertisement.”
Amendment 206, page 33, line 30, after “has” insert
“or may reasonably be expected to have”.
Amendment 207, in clause 36, page 35, line 12, at end insert—
“(3A) An offence under section 993 of the Companies Act 2006 (fraudulent trading).”
Amendment 208, page 35, line 18, after “(3)” insert “, 3(A)”.
Amendment 209, page 35, line 20, after “(3)” insert “, 3(A)”
Amendment 210, page 35, line 23, after “(3)” insert “, 3(A)”
Amendment 201, in clause 66, page 59, line 8, leave out from “Pornographic content” to end of line 10 and insert
“has the same meaning as section [meaning of pornographic content]”.
This amendment defines pornographic content for the purposes of the Part 5. It is consequential on NC33.
Amendment 56, page 59, line 8, after “content” insert “, taken as a whole,”
This amendment would require that content is considered as a whole before being defined as pornographic content.
Amendment 33, in clause 68, page 60, line 33, at end insert—
“(2A) A duty to verify that every individual featured in regulated provider pornographic content is an adult before the content is published on the service.
(2B) A duty to verify that every individual featured in regulated provider pornographic content that is already published on the service when this Act is passed is an adult and, where that is not the case, remove such content from the service.
(2C) A duty to verify that each individual appearing in regulated provider pornographic content has given their permission for the content in which they appear to be published or made available by the internet service.
(2D) A duty to remove regulated provider pornographic content featuring an individual if that individual withdraws their consent, at any time, to the pornographic content in which they feature remaining on the service.”
This amendment creates a duty to verify that each individual featured in pornographic content is an adult and has agreed to the content being uploaded before it is published. It would also impose a duty to remove content if the individual withdraws consent at any time.
Amendment 34, page 60, line 37, leave out “subsection (2)” and insert “subsections (2) to (2D)”.
This amendment is consequential on Amendment 33.
Amendment 31, in clause 182, page 147, line 16, leave out from “unless” to end of line 17 and insert—
“(a) a draft of the instrument has been laid before each House of Parliament,
“(b) the Secretary of State has made a motion in the House of Commons in relation to the draft instrument, and
(c) the draft instrument has been approved by a resolution of each House of Parliament.”
This amendment would require a draft of a statutory instrument containing regulations under sections 53 or 54 to be debated on the floor of the House of Commons, rather than in a delegated legislation committee (as part of the affirmative procedure).
Amendment 158, in clause 192, page 155, line 26, after “including” insert “but not limited to”.
This amendment clarifies that the list of types of content in clause 192 is not exhaustive.
Dame Diana Johnson
May I welcome the Minister to his place, as I did not get an opportunity to speak on the previous group of amendments?
New clause 7 and amendments 33 and 34 would require online platforms to verify the age and consent of all individuals featured in pornographic videos uploaded to their site, as well as enabling individuals to withdraw their consent to the footage remaining on the website. Why are the amendments necessary? Let me read a quotation from a young woman:
“I sent Pornhub begging emails. I pleaded with them. I wrote, ‘Please, I’m a minor, this was assault, please take it down.’”
She received no reply and the videos remained live. That is from a BBC article entitled “I was raped at 14, and the video ended up on a porn site”.
This was no one-off. Some of the world’s biggest pornography websites allow members of the public to upload videos without verifying that everyone in the film is an adult or that everyone in the film gave their permission for it to be uploaded. As a result, leading pornography websites have been found to be hosting and profiting from filmed footage of rape, sex trafficking, image-based sexual abuse and child sexual abuse.
In 2020, The New York Times documented the presence of child abuse videos on Pornhub, one of the most popular pornography websites in the world, prompting Mastercard, Visa and Discover to block the use of their cards for purchases on the site. The New York Times reporter Nicholas Kristof wrote about Pornhub:
“Its site is infested with rape videos. It monetizes child rapes, revenge pornography, spy cam videos of women showering, racist and misogynist content, and footage of women being asphyxiated in plastic bags.”
Even before that, in 2019, PayPal took the decision to stop processing payments for Pornhub after an investigation by The Sunday Times revealed that the site contained child abuse videos and other illegal content. The newspaper reported:
“Pornhub is awash with secretly filmed ‘creepshots’ of schoolgirls and clips of men performing sex acts in front of teenagers on buses. It has also hosted indecent images of children as young as three.
The website says it bans content showing under-18s and removes it swiftly. But some of the videos identified by this newspaper’s investigation had 350,000 views and had been on the platform for more than three years.”
One of the women who is now being forced to take legal action against Pornhub’s parent company, MindGeek, is Crystal Palace footballer Leigh Nicol. Leigh’s phone was hacked and private content was uploaded to Pornhub without her knowledge. She said in an interview:
“The damage is done for me so this is about the next generation. I feel like prevention is better than someone having to react to this. I cannot change it alone but if I can raise awareness to stop it happening to others then that is what I want to do…The more that you dig into this, the more traumatising it is because there are 14-year-old kids on these websites and they don’t even know about it. The fact that you can publish videos that have neither party’s consent is something that has to be changed by law, for sure.”
Leigh Nicol is spot on.
Unfortunately, when this subject was debated in Committee, the previous Minister, the hon. Member for Croydon South (Chris Philp), argued that the content I have described—including child sexual abuse images and videos—was already illegal, and there was therefore no need for the Government to introduce further measures. However, that misses the point: the Minister was arguing against the very basis of his own Government’s Bill. At the core of the Bill, as I understand it, is a legal duty placed on online platforms to combat and remove content that is already illegal, such as material relating to terrorism. ln keeping with that, my amendments would place a legal duty on online platforms hosting pornographic content to combat and remove illegal content through the specific and targeted measure of verifying the age and consent of every individual featured in pornographic content on their sites. The owners and operators of pornography websites are getting very rich from hosting footage of rape, trafficking and child sexual abuse, and they must be held to account under the law and required to take preventive action.
The Organisation for Security and Co-operation in Europe, which leads action to combat human trafficking across 57 member states, recommends that Governments require age and consent verification on pornography websites in order to combat exploitation. The OSCE told me:
“These sites routinely feature sexual violence, exploitation and abuse, and trafficking victims. Repeatedly these sites have chosen profits over reasonable prevention and protection measures. At the most basic level, these sites should be required to ensure that each person depicted is a consenting adult, with robust age verification and the right to withdraw consent at any time. Since self- regulation hasn’t worked, this will only work through strong, state-led regulation”.
Who else supports that? Legislation requiring online platforms to verify the age and consent of all individuals featured in pornographic content on their sites is backed by leading anti-sexual exploitation organisations including CEASE—the Centre to End All Sexual Exploitation—UK Feminista and the Traffickinghub movement, which has driven the global campaign to expose the abuses committed by, in particular, Pornhub.
New clause 7 and amendments 33 and 34 are minimum safety measures that would stop the well-documented practice of pornography websites hosting and profiting from videos of rape, trafficking and child sexual abuse. I urge the Government to reconsider their position, and I will seek to test the will of the House on new clause 7 later this evening.
Oral Answers to Questions
Lindsay Hoyle Excerpts(1 year, 10 months ago)
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Nigel Huddleston
During the pandemic, we showed how important charities were, with more than £750 million for the charity scheme. That showed that we needed them to survive, because they play such an important role in our society. I will continue to engage with charities and make representations to other parts of Government. We recognise the important role they play, but also we need to help families directly, which will then reduce the burden on the charities.
Barbara Keeley (Worsley and Eccles South) (Lab)
Charities are indeed working harder than ever to support people through this cost of living crisis. They are delivering food to older people, supporting people with the stresses of poverty and working tirelessly to advocate for vulnerable people, yet charities are suffering from a big hit to their income as their running costs spiral and demand for their services rockets. I cannot find any mention that the Secretary of State has made of charities since she was appointed last year. Will the Minister admit that charities have not been a priority for this Government, and when will they take the steps to support the sector to deal with this perfect storm of pressures?
Nigel Huddleston
Again, I cannot pre-empt the conclusions of the review, but my hon. Friend makes an important point. The Secretary of State in particular is aware of that and we will be communicating more in due course. Affordability is an important point.
Lucy Powell (Manchester Central) (Lab/Co-op)
I am not at all surprised to see the Secretary of State still in her place; I had no doubt that she would be the last woman standing in support of the Prime Minister while all around her collapses, including her ministerial team. I wondered whether, by this morning, she would hold not only all the ministerial offices in her Department but several other Cabinet posts as well.
For many months, we have heard that the gambling White Paper is imminent. It has still not been published, although its content has again been trailed to the news- papers. Apparently, Ministers are dropping the gambling levy, which has widespread support, and other measures that would bring the analogue gambling regulation into the digital age. Is that true?
Mr Speaker
This is about the gambling review, and the question should be about that. The Minister should answer on the gambling review.
Nigel Huddleston
I hope the hon. Lady will wait to respond to the gambling review. I appreciate her giving a comprehensive list of all the policy areas and manifesto commitments on which the Government are committed to delivering. She could have gone further and mentioned safe standing, the delivery of the Commonwealth games, which start in three weeks’ time, or the Euros—well done to the Lionesses for last night. I thank her for giving a list of the Government’s achievements.
Mr Speaker
I also do not want the Minister to wander off topic. Let us go to someone who will put us back on track—John Nicolson, the SNP spokesperson.
John Nicolson (Ochil and South Perthshire) (SNP)
In what could be our last exchange across the Dispatch Box, I recognise that the Secretary of State cannot bind the hands of her successor, but as we move away from post-truth politics and culture wars, perhaps she can leave doing some good. The lottery is the country’s principal gambling addiction. For most, it is innocent fun; for some, it is a problem—an affliction. The now resigned tech and digital Minister, the hon. Member for Croydon South (Chris Philp), confirmed to the hon. Member for Cardiff West (Kevin Brennan) at the Digital, Culture, Media and Sport Committee this week that tickets can be charged perfectly legally to credit cards, building up huge debts. When Camelot is replaced, can that be reformed?
Nick Smith
Rolling out gigabit broadband requires real leadership. The Prime Minister has brought his office into disrepute, so will the Deputy Prime Minister be his stand-by this summer?
Ms Dorries
Yes, I am afraid that question does not relate to gigabit broadband roll-out.
Julian Knight (Solihull) (Con)
I was originally going to ask about the Commonwealth games, which is obviously a fantastic event for the west midlands, but I wish to focus on something else that is very good news in my locality. Will the Secretary of State join me in congratulating Solihull council, Solihull Community Housing and CityFibre on striking a deal to ensure that 4,000 community housing tenants are given the very latest full-fibre network? Does she agree that whatever our roll-out programme in towns, cities and villages across the country, we must make sure everyone is covered in those localities so that we leave no one behind as we strive to finally join the first rank of connected nations?
Ms Dorries
The progress with which we have commenced the roll-out of gigabit broadband across the UK has been exemplary. Just last week, I held a roundtable with telecommunications providers to urge them to look at social tariffs and to offer lower rates to those who are left behind and cannot afford the rates that others can. Work never stops in this area. We are very aware of those who cannot access broadband and cannot have digital access—
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
The Secretary of State for Digital, Culture, Media and Sport (Ms Nadine Dorries)
In the last few weeks, we have seen huge crowds at Her Majesty’s platinum jubilee, Glastonbury, Silverstone and Wimbledon. The women’s Euros kicked off last night, and the Birmingham Commonwealth games are on their way. It is set to be a great British summer of culture and sport.
Speaking of sport, last week I was lucky enough to attend an event celebrating the upcoming rugby league world cup—[Interruption.] I know that Mr Speaker is a huge fan of the sport, and while I do not share his detailed expertise, he will be delighted that rugby league’s execs have told me—and him, I believe—that rugby league has never had so much publicity and so much attention. All I can say, Mr Speaker, is, “You’re welcome.”
Mr Speaker
I think you did a great job for rugby league. We certainly got it promoted.
Robert Largan
The Government deserve considerable credit for their recent announcement to allow safe standing in all premier league grounds. However, the rule change does not permit seat locking for safe standing, which is essential if we are to be able to increase capacity and provide cheaper ticket prices like those in Germany, as the overwhelming majority of fans want. Will the Secretary of State agree to meet me, officials from the Football Association and the English Premier League and colleagues from the all-party parliamentary group for safe standing to discuss the issue and get on—
Ms Dorries
I assure my hon. Friend that the safety of spectators at football matches was the key priority in the development of the policy. The report found that keeping seats unlocked would offer greater choice to spectators and was supported by the data from the spectator survey. Of course, I am always happy to meet and discuss the matter further.
Michael Fabricant (Lichfield) (Con)
The Attorney General
Well, I think that the Government have already acted in a significant way to put victims front and centre in our criminal justice system so that justice is secured for them. For 2021-22, the Ministry of Justice has provided £150 million for victims and witnesses alone, whether that is with more independent sexual violence advisers, who are game-changing in the victim experience—victims have told me personally how transformative the presence of an ISVA can be to their experience through the criminal justice system—or with the £20 million for local community-based sexual violence and domestic abuse services. I am very proud of the track record of this Government on supporting victims.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I join the Attorney General in her tribute to my hon. and learned Friend the Member for Cheltenham (Alex Chalk), whose service was absolutely outstanding and exceptional. He departed his post with great honour and with the respect of this House, the profession and the judiciary.
I thank the Attorney General for what she says about victims. It is clear that the Government have done a great deal. However, I am sure she is aware that in the course of the Select Committee’s prelegislative scrutiny of the welcome draft Victims Bill, we have heard evidence that—as the hon. Member for Rochdale (Tony Lloyd) said—although there is good work, there is still patchiness in the provision of services for victims in many areas. The draft Victims Bill is a real opportunity to improve that and ensure a much more consistent approach. May I ask the Attorney General for an undertaking that the Government will look with care at the recommendations that we make as a result of that prelegislative scrutiny?
The Attorney General
My hon. Friend makes an important point about the forthcoming Victims Bill. I am proud that the Government are introducing specific measures to transform victims’ experience of the criminal justice system. The Bill will pursue measures to improve victims’ experiences; we are looking at what more can be done to ensure that the victim’s voice is heard, both pre and post charge. I am particularly proud of the victims code, which came into force last year and is a real reflection of our commitment to victims.
Emily Thornberry (Islington South and Finsbury) (Lab)
May I say what an honour it is to be at this Dispatch Box facing the next Prime Minister as she awaits her call from the palace? It is a true honour, although colleagues will have noticed that in her list of leadership priorities last night the Attorney General had absolutely nothing to say about tackling the epidemic of crime in our country or ending the culture of lawbreaking in our Government, both of which have flourished on her watch. What she did say last night, however, was that we need to
“shrink the size of the state”.
I ask the Attorney General a very simple question: in percentage terms, what size of staffing cuts does she plan to make to the Crown Prosecution Service, and what will that mean to the record backlogs that our courts currently face?
The Attorney General
I know that the right hon. Lady loves to degrade these question sessions to petty politics. I am not going to lower myself to her standards; I am here to talk about victims and what we are doing to secure justice for vulnerable people. I am very proud of the financial settlement that this Government have put into the CPS, increasing the number of prosecutors. Notably, in the past 12 months alone there have been 115 more RASSO-trained prosecutors in place to work specifically to support victims.
Anne McLaughlin (Glasgow North East) (SNP)
The Scottish Government are investing an extra £4 million this year to tackle violence against women and girls and offer greater support for victims’ needs. The Crown Office budget in Scotland is more than 40% higher than at the start of the last Parliament, supporting a range of improvements and modernisation processes. Does the Attorney General welcome that? Does she agree that more funding should be made available across the UK for greater access to justice for victims? Will she consider putting that in her prime ministerial manifesto?
Mr Speaker
Order. Front Benchers should not be shouting after asking the question. Let’s get this done and move on.
The Attorney General
When it comes to domestic abuse, our landmark Domestic Abuse Act 2021 is strengthening protection for victims and ensuring that perpetrators feel the full force of the law. It includes the first legal definition of domestic abuse, it improves support for victims in the courts, it introduces new offences and it strengthens the legislation precisely for victims of domestic abuse. It is a pity he did not want to talk about that.
The Attorney General
A lot of covid-related litigation has gone through our courts, and there has been a lot of scrutiny of the Government’s decision making and actions during the pandemic. I am pleased to say that the Government were successful in the majority of cases, with our decision making being upheld and found to be lawful.
Mr Speaker
Before I call Barry Sheerman, I note that he wishes to raise the case of his late constituent Ms Katelyn Dawson, who is the subject of an open and adjourned inquest. I am exercising the discretion given to the Chair in relation to matters that are sub judice to allow reference to the case as part of the question and answer.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Champions League Final: Paris
Lindsay Hoyle Excerpts(1 year, 11 months ago)
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Nigel Huddleston
Again, I thank the hon. Lady, who has showcased the fact that Liverpool fans exist way beyond Liverpool—indeed, across the country and the world. We are having multiple conversations at official and ministerial level. The Home Office is having conversations with its counterparts and I will be having conversations with the Sports Minister of France and with UEFA. The day after the incident, I had conversations with the FA and the Premier League, which are also having conversations—there are lots of conversations going on. I think the whole House agrees that conversations are one thing, but we need to get to the bottom of the truth, we want to hear a bit more of an apology, and we want to learn lessons from this terrible incident.
Mr Speaker
I say to everyone that I thought it was important to grant the UQ today; I think everybody’s constituency has a Liverpool fan in it. I say to the Minister—I know he was pleased to answer the UQ—that hopefully, when he gets some answers, he will come forward with a statement. Let us move on the next UQ; I will let people leave the Chamber.
Football Governance
Lindsay Hoyle Excerpts(2 years ago)
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Mr Speaker
Before I call the Minister to make a statement on the Government’s response to the fan-led review of football governance, I must put on record my disappointment that the Government have apparently already trailed their response extensively to the media. It seems to me that we have a courteous Minister, but somehow Downing Street seems to ignore him and decides to put everything that the House should hear first out to the media. It is not satisfactory. It is discourteous, not only to the House but to the hon. Member for Chatham and Aylesford (Tracey Crouch), who has put in so much work in this area. It is very disappointing that anybody could believe that she should be cut out. When she catches my eye, she will be given more time to put her case about all the hard work that she has done.
This might just be a lesson for the Government to stop being discourteous. Think about the people who get elected—those on both sides of the House. I do not blame the Minister, as I know that Downing Street loves getting these messages out on a Sunday night, but why has it not recognised that even the Prime Minister is a Member of this House? It might be good for us all to hear things first. As I say, the hon. Member for Chatham and Aylesford would not normally be given extra time, but I reassure her and the House that more time will be given to her.
Oral Answers to Questions
Lindsay Hoyle Excerpts(2 years, 1 month ago)
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Ms Dorries
I will—I congratulate and applaud them. My hon. Friend was there on Channel 5’s opening night, and so were the Spice Girls. Some of us in this House are old enough to remember that evening. Channel 5 does a huge amount for independent production companies, and one fifth of all its commissioning spending goes to those smaller companies. That is a larger spend than the BBC, Channel 4 and ITV. It also does a huge amount in the regions, and it far exceeds its Ofcom quota every year. As I said in my first reply, it is the levelling-up broadcaster, and I think those statistics alone bear that out. I wish it another 25 years, and I congratulate everybody working there.
Chris Elmore (Ogmore) (Lab)
I warmly congratulate Channel 5 on turning 25, along with Channel 4 on turning 40 and, of course, one of our greatest institutions, the BBC, which is celebrating its centenary in 2022. This is becoming, without doubt, a milestone year for public sector broadcasting in the United Kingdom. While the Government have been playing games with the future of the BBC and Channel 4—and we welcome the extra funding for the World Service—their journalists have risked their lives to report the facts on the front line in Ukraine. Will the Secretary of State give an assurance that any future ownership decisions that she makes on Channel 4 will ensure that its in-depth, independent journalism will be protected beyond 2022?
Nigel Huddleston
How can I turn down an offer like that, Mr Speaker? As my hon. Friend says, our heritage, including our industrial heritage, is really important to this country. Support through various funding schemes—obviously, the culture recovery fund really helped—and on an ongoing basis, including through the National Lottery Heritage Fund, is really important in sustaining those entities. I would be delighted to visit.
Chris Philp
The matters that my hon. Friend has raised are being considered in the review. We need to balance the ability of casinos to be economically viable with the need to keep players safe, and we are looking into how the current rules can be improved for those purposes. I know that there are seven unused Gambling Act 2005 casino licences, and I have heard my hon. Friend’s powerful representations on behalf of Blackpool, particularly with the levelling-up agenda in mind.
Alex Davies-Jones (Pontypridd) (Lab)
The Minister is well aware of the costs of delaying action to tackle problem gambling. When the Government’s long-awaited White Paper is finally published, it must go further to tackle issues with gambling licences, including those relating to the national lottery. In recent weeks, concerns have been raised about the Gambling Commission’s decision to award the new licence to a company with reported links to Gazprom. Given the extremely concerning situation in Ukraine, can the Minister confirm that he is confident that the new provider has no links to the Russian regime, and if so, why?
Ms Dorries
And we wish them well with that. There are certain principles that apply to Chelsea within the Department and with myself. We applied the sanctions to Roman Abramovich, and obviously he cannot benefit in any way from the club, but it was important to maintain the integrity in the club and enable the club to continue to play and the fans to continue to enjoy football. With regard to the sale, I believe that there has been a huge amount of interest. All I will say here is that anyone who is interested in buying Chelsea football club should please go straight to the club. The Government are not handling that side of—
Mr Speaker
Order. We only have seven minutes, and we are on topical questions. We need to be short and punchy, just to get some more Members in.
Jeff Smith (Manchester, Withington) (Lab)
Perhaps I ought first to declare an interest as a Manchester City fan who plans to attend the FA cup semi-final against Liverpool, but is it not wrong to hold that match between two north-west teams at Wembley on a weekend when there are no trains running from the north-west to London? What influence will the Government use to get the FA to sort this problem out, ideally by moving the semi-final to another venue? Is this not just further evidence that we need the voice of fans in football decision making, and that the fan-led review needs to be urgently implemented in full?
John Nicolson (Ochil and South Perthshire) (SNP)
The Online Safety Bill was published last week. MPs on both sides of the House wanted Zach’s law to be included, to protect children with epilepsy from cruel thugs who send flashing images online to trigger epileptic attacks. How many children would this measure save, and why was it not included in the Bill?
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Chris Philp)
The epilepsy measures are being considered by the Ministry of Justice, but the new communications offence in clause 150 will capture epilepsy trolling because it is engaged where a communication is sent with the intention of causing serious distress.
Mr Speaker
I call the Chair of the Digital, Culture, Media and Sport Committee, Julian Knight.
Julian Knight (Solihull) (Con)
I have been told by several credible sources that DCMS is briefing that the Secretary of State still wants to introduce a new Joint Committee, by a motion of this House, to monitor the regulation of online harms—even the name of its Chair and for how long it will sit have been briefed. Given there is no collective agreement and that paragraph 104 of the Government’s response to the Select Committee’s report expressly rules out such a new Joint Committee to scrutinise digital regulation, what is the Secretary of State’s actual position on this?
Julia Lopez
I have addressed this in a number of ways earlier today. As I say, I am meeting UK Music. We have done a number of things with Departments and with counterparts in other countries to reduce the barriers for touring musicians, and we will continue to carry out that work.
Mrs Pauline Latham (Mid Derbyshire) (Con)
Thank you, Mr Speaker. Last month, I took the Minister to see Belper Town football club, which is a true grassroots football club. However, Derby County is in danger, and this could have a huge knock-on effect on grassroots football in the region. Please will he confirm when the full recommendations from the fan-led review of football governance, which could have helped Derby County avoid administration and all the pains of the past six months, will be brought into force?
Julian Knight
On a point of order, Mr Speaker. I need some guidance from you about the answer I have just been given. Paragraph 104 of the report we have just published today and laid before the House states that
“we see real risks of duplication in creating a Joint Committee focused on digital regulation more broadly. Such a committee would cut across the work of existing parliamentary committees that are already well placed to scrutinise digital regulation and for this reason we do not support the recommendations on this from the Joint Committee on the Draft Online Safety Bill”.
Should such commitments given in writing to a Select Committee be adhered to, perhaps not forever, but for more than 24 hours? What is your view on those who are briefing at the same time as a Committee Chair receives certain commitments in writing? Will you make it clear to the House that the establishment of such a Committee would need Opposition parties to agree to fill it?
Mr Speaker
I do not want to carry on the debate. The hon. Gentleman asks how Ministers can clarify their policy on establishing a Joint Committee on digital regulation. It is open to the Minister to make a written or oral statement to the House on the matter. Alternatively, the hon. Gentleman can table further questions to the Department. He may wish to contact the Table Office for advice. Also, as Chair of the Digital, Culture, Media and Sport Committee he has a lot more powers than other people in this House, and a decision on establishing a Joint Committee of both Houses would be a matter for both Houses. So he may pursue this in other ways, but I certainly do not want to extend the debate any further.
The Attorney General
The hon. Lady raises an incredibly worrying point. It does look as if there is very strong evidence to support claims of sexual violence being used in this conflict, which is completely abhorrent and horrifying. We have a strong track record. A few years ago, the Foreign and Commonwealth Office led the way, alongside Angelina Jolie, in raising the profile of this weapon in conflict and in taking concrete action against it. The Foreign Secretary will make an announcement on the issue very soon. On evidence gathering, as I mentioned, I have reached an agreement with the Ukrainian Prosecutor General. My hon. Friend the Deputy Prime Minister is working to lead an international coalition with the International Criminal Court, focusing on evidence gathering and on building resources to assist an independent prosecution, so that we bring war criminals to justice and secure accountability.
Sir Robert Neill (Bromley and Chislehurst) (Con)
Thank you, Mr Speaker. I welcome very much the establishment of a war crimes taskforce, on which my right hon. and learned Friend serves, and the additional funding that the Ministry of Justice has given to the International Criminal Court.
The war crimes that are undoubtedly being committed in Ukraine are being committed on the territory of a country that adheres to the conventions of the ICC, which therefore has jurisdiction. Will the Attorney General take on board the very important point made by the chair of the Bar in a speech last night, that even though Putin and his cronies may be beyond our reach at the moment, the bringing of an indictment is itself an important signal that we stand up for the rule of international law? Will she take up the suggestion of working with the legal professions and seconding British lawyers to the ICC to strengthen its investigations team?
The Solicitor General
The hon. Gentleman is absolutely right: fraud is a cruel crime. It is not a victimless crime and it can destroy lives. That is why it is so important that the proper resources are allocated, as I indicated. A total of 7,600 individuals have been prosecuted for fraud, with an 85% conviction rate. We also have £400 million more going in. Moreover, over the past five years, £500 million has been secured by the CPS in confiscation orders, returning more than £120 million to victims of fraud.
Emily Thornberry (Islington South and Finsbury) (Lab)
At the heart of any legislation on economic crime is the basic principle that anybody who wants to make money in the UK needs to obey the UK’s laws. Yesterday, the Prime Minister said that P&O had “broken the law”, that we will be “taking action” against it, and that we will take it to court
“under section 194 of the Trade Union and Labour Relations (Consolidation) Act 1992”.—[Official Report, 23 March 2022; Vol. 711, c. 325.]
Can the Solicitor General tell us, as part of the team of Government lawyers, whether he agrees with the Prime Minister’s statement? Does the statement reflect the team’s own legal advice to the Prime Minister, and, assuming that it does, what are the next steps in the legal proceedings that the Government intend to take against P&O for breach of the 1992 Act?
Russia’s Attack on Ukraine
Lindsay Hoyle Excerpts(2 years, 2 months ago)
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The Secretary of State for Digital, Culture, Media and Sport (Ms Nadine Dorries)
We have entered the eighth day of Ukraine’s fight for survival. In the week since Vladimir Putin launched his unprovoked, premeditated and barbaric attack on a free and peaceful neighbour, the UK has led a united Western response to his brutality. We are working with allies around the world on multiple fronts to ensure that the Russian dictator feels the full cost of his invasion. On the military front, we have provided Ukraine with the weaponry to inflict significant losses on the invading Russian forces. On the economic front, we have worked with international partners to cripple the Russian economy, but as history has shown us, there are other powerful ways of isolating rogue regimes.
Culture and sport can be as effective as economic sanctions if used in the right way, and so in the last week I have been working to mobilise the full might of the UK’s soft power against the Russian state, and applying pressure both publicly and privately across the sectors to use every lever at their disposal to entrench Putin’s position as an international pariah. Culture is the third front in the Ukrainian war. Earlier this week, I brought together governing bodies from across sport and I made the UK’s position clear: Russia should be stripped of hosting international sporting events, and Russian teams should not be allowed to compete abroad.
Across sport, the arts and entertainment, we are ostracising Putin on the global stage. The upcoming Champions League final and Formula 1 Grand Prix will no longer be held in Russia. Likewise, Russia has been banned by UEFA, FIFA, World Rugby, the International Tennis Federation and the International Olympic Committee. Venues across the country have cancelled upcoming performances by the Bolshoi and Siberian ballets. Disney and Warner Bros. have pulled their films from Russia. Netflix has stopped its projects. BBC Studios and ITV Studios have stopped trading with Russia too, and Russia has been banned from taking part in the Eurovision Song Contest.
Putin is now suffering a sporting and cultural Siberia of his own making, and it will be causing the Russian leader real pain. Ask Ukrainian tennis player Sergiy Stakhovsky, who gave a very moving interview on the radio earlier this week. A few weeks ago, he was playing at the Australian Open. Now he is back in Ukraine, preparing to fight for his country’s survival. He said that Putin loves nothing better than watching Russia’s sports teams’ glory on the world stage, his athletes draped in the Russian flag.
Putin needs the kudos of these global events to cover up his illegitimacy and the hideous acts he is perpetrating in Ukraine. The Russian despot is desperately trying to hide the grim extent of his invasion from his own people. That is why I strongly support, and continue to encourage, the kinds of emotional displays of solidarity we have seen across sporting events in the last week, including the Carabao cup final and the Six Nations. Lights and symbols cannot stop bullets and bombs, but when Russians see their favourite footballers wearing shirts emblazoned with the bright blue and yellow of the Ukrainian flag, it helps to open their eyes to the cold reality of Putin’s actions. Likewise, every time an international organisation or figure publicly stands up against what Putin is doing in Ukraine, they chip away at his wall of lies. I thank and applaud all those who have done so, in this country and internationally, and I continue to push for organisations to exile Putin’s Russia from their ranks.
That is why I have called on UNESCO to bar Russia from hosting its annual world heritage conference in June. It is absolutely inconceivable that that event could go ahead in Putin’s country as he fires missiles at innocent civilians in neighbouring Ukraine. If it does go ahead, the UK will not be attending. That is also why I urged the International Paralympic Committee urgently to rethink its decision to allow athletes from Russia and Belarus to compete. Such pressure works; the IPC’s decision was the wrong call, and I welcome the fact that overnight it has listened and this morning it has reversed that decision. I wish our athletes the best of luck in Beijing over the coming days. Later today, I will be hosting a summit with countries from all over the globe to discuss how we can continue to use the power of sport to isolate Putin at home and abroad. We have to keep ratcheting up the pressure. Putin must fail.
In my Department, we have been working tirelessly to use the power of tech and the media against the Russian dictator and to shut down and counter his propaganda and lies, because they are key weapons in his arsenal. The Department’s counter-disinformation unit has been working to identify and remove Russian disinformation online. Alongside the US and others, we have been working closely with platforms to take pre-emptive action against Putin, and to demonstrate the consequences of his brutality in real time to the Russian people. Apple has paused all sales in Russia, Google has added new safeguarding features to Google Maps and Search, and WhatsApp is hosting a helpline for Ukraine’s state emergency service that sends people information and critical news about the local situation.
While big tech has stepped up in a really positive way, we are also encouraging and supporting platforms to go even further to tackle certain challenges, including disinformation, service disruptions and the humanitarian crisis triggered by the conflict.
In this digital age, the Ukrainian war is being fought on the ground and online, so we need to use tech wherever we can as a force for good to counter Putin’s aggression, to expose his weaknesses and to bolster the people fighting for their survival in Ukraine.
From the very moment that Putin began his invasion, I was very clear that he must not be allowed to exploit our open and free media to spread poisonous propaganda into British homes. RT’s own editor-in-chief has called the network an “information weapon” of the Russian state. That is why I wrote to Ofcom last week, urging it to examine any potential breaches of the broadcasting code. Ofcom has since opened 27 investigations into RT and is now reviewing whether to revoke RT’s licence entirely.
In the meantime, those investigations have been overtaken by events. I was very glad to see yesterday that the channel is now officially off the air on British televisions, after it was shut down on Sky, Freeview and Freesat. I have also written to Meta and TikTok asking them to do everything that they can to prevent access to RT in the UK, as they have done in Europe. I am glad that YouTube has already answered this call and done so.
We are on the side of free media. That is why it was brilliant to see that the audience for the BBC’s Russian language news website has gone up from 3.1 million to 10.7 million in the past week. Despite his best efforts to censor reporting in Russia, Putin’s own citizens are turning to factual, independent information in their millions.
At this point, I would like to offer my heartfelt thanks and admiration to all those journalists, working for the BBC, ITV and other news outlets, who are risking their lives to bring us unbiased and accurate news from a live war zone. We will keep ratcheting up the pressure on Putin, and I will use all the levers in my Department to ensure that he is fully ostracised from the international community.
Oral Answers to Questions
Lindsay Hoyle Excerpts(2 years, 3 months ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Nigel Huddleston
The hon. Member raises some important points. We do punch above our weight in global sport and that is partly due to the success and investment from Sport England and, indeed, UK Sport. We will be refreshing the school sport and activity action plan and working closely with the Department for Education, focusing very much on engaging young children in a whole variety of sports, for the reasons that he expressed.
Ruth Jones (Newport West) (Lab)
Julia Lopez
I thank my right hon. Friend for raising that issue in the Chamber; it has not been raised with me before. I would be happy to look into improving access to the internet for our military.
Mr Speaker
I must say that Department for Digital, Culture, Media and Sport questions are a major agenda item, and I do not think that we give it long enough. I hope that others will listen to that. So many people could not get their question in; I can only say sorry. I believe that it should be a full hour.
Mr Peter Bone (Wellingborough) (Con)
This is hard to believe, but on 4 February this year Peter Swailes junior was sentenced for a crime that involved financial fraud. A person was kept in his shed for up to 40 years. The CPS managed to get a conviction, but he was not sentenced to any time in prison. I wonder whether the Attorney General would look at the case to see if it was unduly lenient.
Mr Speaker
I must admit, I would like an answer but we have to be careful that supplementaries really are linked to the question, which was about financial crime. I think the person mentioned in the hon. Gentleman’s question will have suffered financially as well so I am sure the Minister can answer accordingly.
The Solicitor General
We will of course look into that case. Sentencing is a matter for the independent courts, but there is a power to refer cases if they are unduly lenient. I am happy to give that case close attention.
The Solicitor General
Yes and yes. My hon. Friend is absolutely right to welcome the use of mental health treatment requirement orders, because they provide courts in Devon and elsewhere with a powerful tool to rehabilitate offenders at the same time as ensuring they are properly punished for their crimes. Thanks to record support through the NHS long-term plan funding, plans are on track to introduce primary care MHTRs to half of England by 2023.
Jim Shannon (Strangford) (DUP)
In addition to those with mental health disorders, people with other disabilities such as hearing impairment require additional support in court. This House has taken steps to make that happen for those who are hearing impaired. Can the Minister advise what services are deemed necessary for trial proceedings to take place for those with hearing impairment disabilities?