Queen’s Speech

Lord Clement-Jones Excerpts

Tuesday 15th May 2012 Lords Chamber

[Lord Clement-Jones]

My Lords, I am tempted today to talk about a wide range of policy areas arising: particularly, given my interest in autism, the forthcoming special educational needs, children and family Bill, which is so welcome and was heralded in the Queen’s Speech and in the update given today; or indeed the media and Lord Leveson’s inquiry; or the question of tax relief for charitable donations, on which I agree so strongly with my noble friend Lord Grade and the noble Baroness, Lady McIntosh.

However, we are in an exceptional year for heritage with the Diamond Jubilee celebrations, for sport with the London Olympics and for culture with the London 2012 festival. Last week, I visited the Olympic park. All around it there are signs of new investment such as Westfield Stratford City shopping centre and Inter IKEA’s investment at Sugar House Lane. After the Olympics, we can expect Lend Lease and London & Continental’s international quarter, Qatari Diar’s East Village and many other exciting projects stimulated by the superb new transport links and the initial Olympic park investment benefiting a huge number of residents of east London. This will have been a huge achievement for all those involved.

That area of London of course forms part of the wider “Tech City” and focuses on the creative industries, digital technology and the cultural industries. It has attracted both large and small business and may well be living up to its description as Europe’s Silicon Valley. I particularly welcome the announcement of a new tax credit for animation, video games and TV drama in the recent Budget.

There are, however, certain misconceptions in considering the future of our creative industries that need to be addressed. First, there is the belief that copyright in this country is inhibiting innovation and that reform will somehow deliver a massive increase in our creative industries’ output, a view held by Professor Hargreaves and, it seems, the IPO. By contrast, the approach of Richard Hooper in laying the ground for the new proposed digital copyright exchange, by engaging with creators and the creative industries, seems to have been wholly constructive. In particular, his early thoughts about improving the licensing of copyright in establishing the ownership of rights and in some cases improving the availability of repertoire have been welcomed by all concerned. However, the Government should think very carefully before attempting to implement the bulk of the other Hargreaves recommendations, such as those on orphan works and extended collective licensing, without addressing issues surrounding moral rights of attribution and the embedding of metadata.

Beyond that, consumers need to have good access to digital creative content, but the Government seem to have changed their mind about a fair share-out of the under-1 gigahertz spectrum under the long delayed 4G auction. They also seem to be ignoring issues relating to interference with digital TV signals. With regard to fibre, we in the Communications Select Committee are discovering that serious thought needs to be given to how to ensure access to trunk networks and dark fibre for small local operators.

We have a massively delayed Green Paper that is due to set out the framework for a new communications Bill. With the advent of internet-enabled television and YouView, policy decisions need to be made as a matter of urgency. The key question is what regulation of internet video material streamed through television is appropriate to protect young people from harmful content as we watch a mixture of linear and on-demand viewing from many sources.

It is clear that, as a co-regulator, ATVOD has learnt from its first years of operation and is anticipating the future regulation of broadcast internet material that may be necessary. Ed Richards, the CEO of Ofcom, flagged this up as a major issue in his speech at the Oxford Media Conference earlier this year. Even though we may have different regulators for different media, we still need a new set of common principles that will apply to the regulation of internet, broadcast and theatrically exhibited material. This is exactly the kind of framework that a new communications Bill needs to address.

Then there is the implementation of the Digital Economy Act. Of course I welcomed the outcomes of the Newzbin2 and Pirate Bay cases but, now that the Act has been judged to be valid under European law, why can we expect implementation of the initial obligations code under the Act in only 2014? In addition, as PhonepayPlus, the regulator, says, there will be a growing convergence in payment mechanisms over the next decade for digital content, and we need to make sure that the regulatory framework is right and the consumer is protected.

A major concern of many in the creative industries and cultural area has been the lack of assertion of our phenomenal talent and skills in that sector abroad. I welcome the activities carried out by UKTI and in particular the appointment of the new intellectual property attachés in China, India and Brazil. Like the noble Earl, Lord Clancarty, I welcome the great campaign promoting the UK abroad in the creative area, but normally the British Council exists on a shoestring.

The House was very supportive of my Live Music Bill earlier this year and it passed into law in the previous Session. It is not often that, as happened on 20 January, a Bill emerges unscathed from the Commons when 63 other Private Members’ Bills failed. It will make a significant difference to our young musicians, in particular, and I look forward to the revised guidance that is due and to the Act coming into effect in October.