Brexit: Consumer Rights Policy
Debate between Lord Clement-Jones and Baroness Neville-Rolfe(7 years, 11 months ago)
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Baroness Neville-Rolfe
My Lords, next week the Secretary of State for BEIS is chairing a round table with representatives from a range of consumer bodies and charities, and academics, to discuss, among other things, the impact of EU exit on consumers. These are exactly the sorts of issues that he will want to look at. Of course, the great repeal Bill, which has already been mentioned, will convert EU consumer law into UK law wherever practical, and we will want to ensure that cross-border enforcement is effective, and that our ADR landscape is preserved. These are important aspects of a consumer framework which is very strong: we should be proud of it in this country.
Lord Clement-Jones (LD)
My Lords, if we leave the single market, will not some of the real problems for consumers be over online and mail order purchases? When consumers no longer have the right to bring actions here against EU suppliers post-Brexit, what is the Government’s cunning plan? Is it for consumers to run around with small claims in all the other EU member states?
Baroness Neville-Rolfe
We will want to work to ensure that enforcement is effective across borders. There is, of course, a mutuality of interest here, because online goes both ways, and there are issues online, such as cyber and counterfeits, which need to be addressed. We are continuing to develop the digital single market in our ongoing work in the Competitiveness Council, and our enforcement regimes are well respected. The noble Lord is right to highlight this area, but I am optimistic that we can find a way forward and that there will be opportunities to do things better, from the studies that we shall be doing and the work that we shall be taking forward.
Waterson Review
Debate between Lord Clement-Jones and Baroness Neville-Rolfe(8 years ago)
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Lord Clement-Jones (LD)
My Lords, the Minister has clearly made herself extremely conversant with digital ticketing purchasing software, but the clue is in the name, is it not? Will she confirm that she is favourably disposed towards dealing with bots well in advance of the final government report on and response to Waterson, which, ominously, she describes as coming “in due course”?
Baroness Neville-Rolfe
We are certainly keen to get to the bottom of the issue of bots and to find the right way forward. There was consensus in committee in the other place that it was right to try to sort out the bots issue before our formal response. But as I said, the Waterson report is with us and work is in hand on this important issue. I am told that there is a proposed federal law on bots—“better online ticketing service”—although I understand the situation is a little different in the United States.
BBC
Debate between Lord Clement-Jones and Baroness Neville-Rolfe
Baroness Neville-Rolfe
I would like to discuss this with the noble Lord. As I have explained, there is a combination of the director-general, who has editorial independence but has to take account of the public interest, the new executive board, which will on a day-to-day basis and strategically try to ensure that that is achieved, and a new regulator. The precise detail of how that will work is set out in some detail in the White Paper that we have just published. We should all have a look at it and return to that point in the debate we will have.
Lord Clement-Jones (LD)
My Lords, I must come back to distinctiveness. With great respect, I am afraid the Minister did not answer the question asked by the noble Lord, Lord Alli, on distinctiveness. Many of us are very concerned that this is the thin edge of the wedge that will prevent the BBC competing with commercial broadcasters in prime time and that it is deliberately designed to do so. What assurance can the Minister give to this House that that is not the intention and that that will not be the case?
Baroness Neville-Rolfe
I think I can assure my noble friend that that is not the intention. It is something that the BBC has fully recognised and embraced. The BBC’s director-general has been the driving force here. He has highlighted that he wants to see a system that,
“firmly holds our feet to the fire on distinctiveness”.
To my mind, that is what the White Paper’s proposals will deliver.
Intellectual Property
Debate between Lord Clement-Jones and Baroness Neville-Rolfe
Lord Clement-Jones
To ask Her Majesty’s Government what measures they are undertaking to ensure that small businesses can protect their intellectual property and reduce the legal costs of enforcing it, in the light of World Intellectual Property Day.
The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills and Department for Culture, Media and Sport (Baroness Neville-Rolfe) (Con)
My Lords, this Government are committed to ensuring that all intellectual property rights are respected and appropriately enforced. This requires the right legal framework at home and abroad, effective enforcement action when needed and education for all as to the importance of respecting IP rights. We are undertaking a range of measures under all three of these headings, with mediation, IP insurance and fee reductions all targeted at reducing costs for SMEs.
Lord Clement-Jones (LD)
My Lords, I thank the Minister for that very supportive Answer. However, in particular, SMEs are concerned about the recent Trunki judgment, which means that registered design rights have even less protection than was previously thought. Also, they are very concerned about the small claims track, which limits them to £10,000 of damages when, in fact, many small businesses suffer much more than that and wish to have an effective cost of enforcement. What kind of assurance can the Minister give small businesses today, on World Intellectual Property Day?
Baroness Neville-Rolfe
On World Intellectual Property Day, I can say how important we consider design rights and other rights for small businesses. On Trunki, officials are reviewing the guidance available and we are reducing the fees. Instead of paying £1,620 for 40 designs, you will have to pay only £130 for electronic filing. This will help those who have been hit by the Trunki judgment. On the issue of the court, I am discussing with the Chancellor of the High Court whether we can give it extra resource because it is so valuable and so admired internationally.
Press Regulation
Debate between Lord Clement-Jones and Baroness Neville-Rolfe
Lord Clement-Jones
To ask Her Majesty’s Government, in the light of the launch of the new press regulator IMPRESS, what steps they are taking to promote independent and effective press regulation.
The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills and Department for Culture, Media and Sport (Baroness Neville-Rolfe) (Con)
My Lords, this Government support the framework for independent press self-regulation delivered in the previous Parliament. This system protects the freedom of the press while offering real redress when mistakes are made. We want to see the press voluntarily comply with the reforms recommended by Lord Justice Leveson and enshrined in the royal charter.
Lord Clement-Jones (LD)
My Lords, I am glad to hear that the Government support the framework agreed in the last Parliament. However, is not the key question whether the Prime Minister will honour his pledge to the victims of press abuse by commencing the court costs incentive set out in Section 40 of the Crime and Courts Act, as Parliament intended?
Baroness Neville-Rolfe
My Lords, the exemplary damages provisions, which now extend to all media cases, came into effect on 3 November and provide an incentive to publishers to sign up. We are not convinced that the time is right for the introduction of the costs provisions but the Secretary of State is considering the issue further and discussing it with interested parties; we have had some discussions with individual noble Lords in this House.
Copyright Hub
Debate between Lord Clement-Jones and Baroness Neville-Rolfe
Lord Clement-Jones
To ask Her Majesty’s Government what future financial support they intend to provide to the Copyright Hub.
The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills and Department for Culture, Media and Sport (Baroness Neville-Rolfe) (Con)
Since 2012, the Government have provided £1.3 million to the Copyright Hub in start-up funding and through the Digital Catapult which is developing the underlying technology of the Hub. We are currently assessing the hub’s need for ongoing funding and will be considering various options for the future.
Lord Clement-Jones (LD)
My Lords, I thank the Minister for that reply. Of course, most of that has been in kind from the catapult. The Minister is well known for her enthusiasm for the Copyright Hub but when is she going to turn that into real hard financial support? This could be a fantastic resource of huge benefit to our creative industries. It is a licensing infrastructure that could be international. Would it not be extraordinary if Singapore, the US and Australia gave more support than the UK Government?
Baroness Neville-Rolfe
My Lords, as we have said from day one, the Copyright Hub needs to stand on its own feet in the longer term. It is linked to the wonderful creative industries worth £77 billion. However, we want the Copyright Hub to succeed, as the noble Lord knows, and that is why we recently agreed to provide an extra £100,000 to cover the core costs for the next four months. We are also financing an independent assessment to examine options for the long-term sustainability of the hub and its development.
Baroness Neville-Rolfe
My Lords, we are talking to the EU, but at the moment the EU is interested in how we are leading the way on the Copyright Hub. However, where the noble Lord, who knows so much about intellectual property, is right as usual, is that digital knows no boundaries and therefore having hub arrangements across the EU is an idea whose time will come.
Lord Clement-Jones (LD)
My Lords, if I may interject again, the Minister mentioned £100,000 for ongoing support for the next few months, plus £100,000 for a study of financial viability. Is this not analysis paralysis? Is it not time we just got with the job and the Government put their money where their mouth is?
Baroness Neville-Rolfe
It is not analysis paralysis at all. Without the catapult and the money the Government have put in, the Hub could not have been launched, despite the great work done by the creative industries. There have been teething problems—for example, in recruiting the right staff and in ensuring that picture agencies and others are equipped and linked to the Hub. We need a proper project study and that is what we are financing. I talked to Richard Hooper about it and he is supportive.
EU: Digital Single Market
Debate between Lord Clement-Jones and Baroness Neville-Rolfe
Baroness Neville-Rolfe
My Lords, we see the 16 headings as a good menu from which to choose. What we are hoping to see is some progress quarter by quarter. As I have already said, we see the priorities for the next few months to be copyright and consumer protection, but the other headings are also important because of the huge potential of digital to fuel innovation and growth across Europe and to help our competitive position.
Lord Clement-Jones (LD)
My Lords, would the Minister like to give the Government’s response to the recent case striking down safe harbour for data transfer, and does she believe that that will have a major impact on our ability within Europe to create a digital single market?
Baroness Neville-Rolfe
As the noble Lord suggests, this is a disappointing judgment. Companies need to be able to transfer data to third countries with appropriate safeguards. I discussed the judgment with businesses yesterday to better understand what they are facing. We will continue to engage. The Information Commissioner’s Office was also there and will update its guidance in the coming weeks. We will continue to press the Commission to talk to the United States—because it is an EU competence—to get clarity, but we are also making progress domestically.
BBC: Charter 2017
Debate between Lord Clement-Jones and Baroness Neville-Rolfe(9 years, 2 months ago)
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Baroness Neville-Rolfe
As I see it, all these various pieces of work fit in and feed in to the charter review. The consultation is important and, as noble Lords know, we are making good progress with it. But we saw a need to have some new, independent advice on governance and regulation, which is why Sir David has been appointed, and his review will indeed be published.
Lord Clement-Jones (LD)
The Minister has not yet mentioned the advisory panel but, in answers to Written Questions, she has said that it will meet frequently and contribute significantly to the Government’s charter review—yet it has no terms of reference, it will not take its evidence in public, and its advisers are not subject to appointment by reference to the Nolan principles. Is it not totally unacceptable in the light of the influence that those advisers will have to have those circumstances prevailing, since they will have a great influence on the charter review? It is no surprise that even one of her noble friends described them as “assistant gravediggers” —and they clank with special interests.
Baroness Neville-Rolfe
My Lords, as I have said before, the group is not a decision-making body; it is just one part of the process. It has no legal status. As the noble Lord said, it is not set up under Cabinet Office guidelines for public appointments. It operates on a voluntary basis. We feel that it would be impossible to find a group of this kind without a significant overlap with the industry. I think that noble Lords can see that the way things are going we have several bits of work coming together. This advisory group is an important part of that work.
Authors: Rights and Income
Debate between Lord Clement-Jones and Baroness Neville-Rolfe
Baroness Neville-Rolfe
I agree with much of what the noble Baroness says. She is a great role model from her work in the publishing industry, which was worth upwards of £9.9 billion of GVA in 2013. The creative industries make an enormous contribution to our economy. The digital world and the digital single market are of course changing everything; that is why we are always looking at how we should adapt our regulatory framework, both at national level and within the European Union.
Lord Clement-Jones (LD)
My Lords, as the Minister knows, there have been many calls to change the application of the Unfair Contract Terms Act to intellectual property contracts over the past few years. Is it not now time to have a full review of how contracts for creators can be made fairer? How can we regard ourselves as the champions of creativity in the UK when the scales are so heavily weighted against creators?
Baroness Neville-Rolfe
My Lords, I do not agree that the scales are too heavily weighted against creators: there is a balance between the consumers who are going to buy works and the creators and writers. We have to have a good incentive system. The noble Lord knows a huge amount about the law of contract and I will follow up the point that he makes with him. We made a lot of reforms following the Hargreaves review. We have adjusted and changed matters appropriately, and I think that was a good result.
Consumer Protection: Secondary Ticketing
Debate between Lord Clement-Jones and Baroness Neville-Rolfe
Lord Clement-Jones
To ask Her Majesty’s Government when they intend to commence the review of the consumer protection measures for the secondary ticketing market under section 94 of the Consumer Rights Act 2015; and who will undertake it.
The Parliamentary Under-Secretary of State, Departments for Business, Innovation and Skills and for Culture, Media and Sport (Baroness Neville-Rolfe) (Con)
My Lords, work on appointing the chair and expert group is well advanced and the review will proceed once this and the terms of reference are finalised. We are aware of our statutory obligation to publish a report on its findings by 26 May 2016.
Lord Clement-Jones (LD)
My Lords, I thank the Minister for that reply but ticket fraud continues to soar this summer. Circle Tickets has defrauded hundreds of music fans just this June while the RFU reports zero compliance with the Act for World Cup tickets, so the problem remains acute. This review is enshrined in statute as a result of the efforts of the noble Lord, Lord Moynihan, and others only recently. We are now two months out from the general election. When will this review start, will BIS or the DCMS oversee it and what will its scope be?
Baroness Neville-Rolfe
My Lords, as I have said, we will publish details of the review shortly. I share the noble Lord’s disappointment on the enforcement side and, prompted by his Question, I spoke to the City of London Police only last week. I was reassured about some of the actions it is taking, both on its own and with the cultural and sporting bodies, for the important events of this summer. As the noble Lord will know, May through to July is the peak period so there will be more cases, but Action Fraud is on to the job.