Broadcast General Election Debates (Communications Committee Report)

Lord Berkeley of Knighton Excerpts

Wednesday 21st January 2015 Lords Chamber

[Lord Bourne of Aberystwyth (Con)]

My Lords, I am pleased to wind up for the Government in this debate and very much welcome the opportunity for this House to discuss the Communications Committee’s detailed consideration of the broadcast general election debates. The Government are grateful for the committee’s report and its clearly thought-out findings. I thank the committee and its members, including my noble friend Lord Clement-Jones, the noble Lord, Lord Dubs, the noble Baroness, Lady Healy, and, in particular, my noble friend Lord Inglewood for bringing the committee’s good work to the attention of the House in this debate.

The reports of the committee, and our consideration of them, are becoming a staple of House of Lords business, with one report last week and another this—and quite right, too. This report, published in May 2014, almost a year before the forthcoming election, gives consideration to the growing prominence of televised election debates by reviewing the impact of the broadcast debates in 2010; examining the regulatory context for these and future debates; and looking at proposals for change. I should say in passing that the debates also went out on the radio. I remember listening to the first one in 2010 on the radio, travelling through mid-Wales, and enjoying it—intermittently, as noble Lords will appreciate, because of the nature of the terrain heading back to Cardiff.

The report does not contain recommendations to government, since its subject is not the Government’s direct responsibility, but it provides the House with a valuable reference document, setting out the legal and regulatory framework around broadcast general election debates, with key contributions and evidence from broadcasters including the BBC, Channel 4, ITV and Sky. As my noble friend Lord Finkelstein rightly said, there is no constitutional principle that the debates should take place. If I may say so in the context of his contribution, Brent East’s loss is certainly the gain of your Lordships’ House—as I am sure noble Lords would join his mother in saying.

My noble friend Lord Grade and the noble Lord, Lord Macdonald, referred to the earlier experience in the United States of the first presidential debate in 1960. My noble friend Lord Grade referred to the fact that it did not happen at every presidential election thereafter, which is quite true. Other countries that have had broadcast debates, such as Canada, Australia and Germany, have also not had them for every election; it has been somewhat intermittent, differing from country to country. So experience is clearly built upon.

The first ever broadcast general election debates in the United Kingdom took place in April 2010 and were televised in successive weeks by broadcasters ITV, Sky News and the BBC, as well as being broadcast on BBC Radio 4 and BBC Radio 5 Live. The first ever debate, on ITV1, attracted an audience of 9.4 million viewers between 8.30 pm 10 pm—a 37% share of the total TV audience over that period, beating Coronation Street and EastEnders to become the most watched programme of that day. The average viewing figures for successive debates were 4 million for Sky and 8.1 million for the BBC, meaning that the total of the three audiences was above 22 million. In the case of the BBC and ITV, these impressive viewing figures achieved much higher audience figures than typical BBC current affairs programmes.

The noble Lord, Lord Dubs, referred to the importance of the debates, given the changing nature of election campaigns and contests and the relative death of the public meeting over a period of time—although my noble friend Lord Horam rightly referred to the experience in Scotland, which shows that that is not necessarily the case. Clearly, you only have to look across the Atlantic to the 2008 presidential campaign and the number of people that President Obama could pack into an arena to see that there is nothing inevitable about the death of the public meeting, although admittedly the election background there is somewhat different from our own.

Perhaps most significantly, evidence referenced in the report illustrates that the broadcast debates served to increase engagement with young people—many noble Lords referred to that point—with many first-time voters energised by the debates. For example, as many as 55% of the 18 to 24 year-olds said that, as a result of having seen the first debate, they had become more interested in the campaign; 74% of them considered that they had learnt something about the parties’ policies from the debates; 50% of this demographic, along with 51% of 25 to 39 year-olds, said that the debates had helped them to make up their minds how to vote; and 92% of younger voters said that they had talked about the debates with others. The committee also received evidence from Channel 4 that among 18 to 24 year-olds, television still remained more popular than newspapers and online for the consumption of news.

These figures provide clear evidence that there is a public appetite for the broadcast general election debates and, as highlighted in the report, there is a high level of public perception that broadcast debates will happen again in 2015. These points were referred to by my noble friend Lady Grender among others. The committee was persuaded by this evidence that the broadcast general election debates served the public interest by increasing public engagement with the electoral process, and recommended that they should take place during future campaigns.

The noble Lord, Lord Collins, referred to the relative ease of the agreement in 2010. I think that it was relative; certainly concerns were expressed by some political parties. I think I am right in saying that Plaid Cymru, the SNP and the Greens all raised concerns. The relative fragmentation of the party system since will make agreement more difficult, as I think noble Lords would accept.

However, an important area of consideration for this report is the regulatory context of the broadcast debates and how this could come to have an impact on participation. Due accuracy and impartiality remain at the heart of licensed broadcasting services and under the Communications Act 2003, Ofcom—the United Kingdom’s independent communications regulator and competition authority—is required to set standards for programmes on television and radio that exist in the form of the broadcasting code.

The broadcasting code applies to all broadcasters licensed by Ofcom but not to the BBC, where oversight of the output falls to the BBC Trust as the sole regulator for impartiality and accuracy. However, both regulators apply broadly similar standards. In the case of the BBC there is a set of editorial guidelines and election guidelines to ensure impartiality and accuracy, while under the broadcasting code there are specific rules that apply during election periods and which include the requirement for broadcasters to ensure that their coverage is duly impartial and gives due weight to major parties.

Ofcom also sets rules to require the allocation of party election broadcasts through its list of major parties. The list reflects the fact that some political parties have a significant level of electoral support, and a number of elected representatives, across a range of elections within the United Kingdom or the devolved nations. Reading the report, I was reminded that I had taken part in a general election debate in Wales, although I was not a candidate for the election. In fact, three of the four people participating in the debate were not candidates. So clearly there is a different position for Scotland, Wales and Northern Ireland in relation to their general elections—and quite right, too.

The Ofcom list of major parties is important because rules on party political and referendum broadcasts, and certain parts of the broadcasting code, impose obligations on licensed broadcasters by reference to the major parties on the list. In determining the composition of the list, Ofcom looks at evidence of past electoral support and evidence of current support as demonstrated by opinion poll data—although there is nothing scientific, I think, in this process. More information on the analytical framework that Ofcom uses to assess the evidence of past electoral and current support can be found in its consultation regarding the composition of the list of major parties that was published on 8 January this year.

Designation of a party as major political party does not of itself—this point was made by many noble Lords—entitle that party to a right to participate in an election debate or limit the debate to the major parties that are set out on the list. That is a matter for the broadcasters, although no doubt they will pay due attention to the list. This consultation is published in advance of the general election taking place in May 2015 and the English local and mayoral elections taking place on the same day, and it closes on Thursday, 5 February 2015.

Following the consultation, Ofcom will obviously consider carefully any comments and views received before publishing a statement by, as I understand it, early March 2015, and, if appropriate, any revised list of major parties. This will permit the broadcasters and political parties to plan ahead, aware of Ofcom’s decision on the list of major parties, for the May 2015 elections.

It is important to note that, while Ofcom has an important role in the regulatory framework under which broadcasters must produce television programmes during election periods, it does not determine the structure, format and style of any possible TV leaders’ election debates. The decision on which leaders are represented in any broadcast debate is an editorial matter for broadcasters in agreement with the political parties taking part.

The requirement of “due impartiality” means that broadcasters must always strive to achieve a balanced presentation of a range of points of view on matters of political or industrial controversy and relating to current public policy. However, within the statutory framework set up by Parliament, it is the responsibility of the broadcasters to make judgments about individual programme content. This is also recognised within the committee’s report, which highlights that the decision on who is invited to participate in televised debates will continue to be one that is consistent with the legal and regulatory framework around broadcasting.

Having set out the regulatory context, the report looks at proposals for changes to the debates, including the case for a body to oversee and produce broadcast election debates independently of the broadcasters. However, it determines that there are no compelling arguments for the introduction of such a body. This is a view that is widely held.

The report concludes by making a number of informative recommendations for reforms if the debates are to take place in 2015 and beyond. These recommendations, aimed largely at the broadcasters, include the proposal to establish a single online portal or hub for the debates to ensure their easy discoverability alongside other election resources, as well as a recommendation to ensure that the format evolves as necessary to maintain or increase voter engagement. This, too, seems popular.

A significant observation by the committee, and an important recommendation from the report, was that the broadcasters should exercise their editorial judgment to reflect the committee’s concern about the lack of diversity, in both gender and ethnicity, in relation to the debate moderators in the 2010 debates, a point referred to by the noble Lord, Lord Dubs. The Government encourage the media and creative industries to continue to take proactive steps to change and improve diversity right across their sectors. In broadcasting, BBC, ITV, Channel 4 and BSkyB have all set out a number of actions and some challenging targets for increasing ethnicity on and off screen. While the Government believe that it is for the media industry itself, including broadcasters, producers, media organisations and others, to take the lead and promote equality among its employees, we ensure that broadcasters in particular are subject to a strong legal framework designed to promote gender balance. The Department for Culture, Media and Sport is also playing a part in raising the profile of the issue. Ministers have chaired a series of round-table discussions with leaders in the broadcast, film and performing arts industries to discuss what more they can do to tackle it.

The committee’s report serves as an important and valuable document, setting out the legal and regulatory framework around broadcast general election debates and making a number of very useful recommendations to broadcasters ahead of future potential debates. Once again, I thank the committee for its good work and contributions and for producing this insightful report into an important part of our political life.

[Lord Berkeley of Knighton (CB)]

Before the Minister sits down, perhaps I may point out that he touched, almost inadvertently, on a rather important point. In mid-Wales, it is quite hard to catch political broadcasts or, indeed, anything else on the radio because of the terrain. The Minister cannot do much about that this evening, but I thought he might like to reassure your Lordships’ House that the sheer beauty of the terrain in mid-Wales more than made up for the damage it inflicted on his listening on his car journey.

[Lord Bourne of Aberystwyth]

My Lords, it was not at all inadvertent. I had the great privilege of representing Mid and West Wales for 12 years in the National Assembly for Wales and I was unable then to do a great deal to improve reception. I can probably do even less now. However, the point is extremely well made about what a beautiful area it is, as the noble Lord knows very well. I hope that something can be done to improve reception for people in that area on all sorts of radio.