Creative Industries

Lord Grade of Yarmouth Excerpts

Thursday 3rd November 2011 Lords Chamber

[Lord Grade of Yarmouth]

My Lords, the noble Lord, Lord Rowe-Beddoe, is to be congratulated on cramming so much into two-and-a-half minutes. Because time is so limited and my interests both past and present so numerous and duly disclosed, I hope that noble Lords will allow me to proceed by taking them all as read. Thank you.

In a period of seemingly relentless bad news, my noble friend Lady Bonham-Carter is to be congratulated on securing time for the House to discuss, or celebrate, one precious good news story for our time: Britain’s creative industries. If the Chancellor of the Exchequer is looking for the elusive G-word—growth—he need look no further. As we have heard this afternoon, Britain is enjoying a golden period of creativity and commerce both at home and abroad and in every single one of the creative disciplines.

British television is enjoying the most sustained success. Our programmes, programme makers and ideas and formats are in demand throughout the world as never before in my lifetime. This success is the direct result of the investment made by both the public and private sector public service broadcasters: BBC, ITV and Channel 4 and Five. The licence fee and the advertising revenues collected or earned by these channels are invested into British content to the tune of some £3.5 billion annually. I will restrict my remarks today to some areas of nonsense regulation that threaten and erode this investment.

First, a few facts: British television employs more than 130,000 people and has grown consistently by 4 to 5 per cent in each year of the past decade. A recent report concluded that Britain spends more per capita on original programming than any other country in the world. According to Ofcom, public service, free-to-air channels contribute 90 per cent of the whole industry’s £4 billion total annual investment in UK production. This investment is declining, and that must in part be due to the depressed advertising market and BBC licence fee pressures. These factors are unlikely to reverse, so we must do whatever we can, short of further public intervention, to maximise this annual investment and maintain our world lead. This certainly calls for ever greater efficiency, particularly at the BBC, but also means plugging those leaks in the revenue stream caused directly by damaging regulation.

There are leaks in the investment bucket that are easily within government’s power to plug. As we heard from my noble friend Lord Black, the first is the competition regime that regulates, in particular, my former employer ITV. When ITV recently sought to be released from the stranglehold of the airtime sales remedy imposed by the Competition Commission as the price for its consolidation in 2003, the CC found against it. In the course of the inquiry, I found it profoundly depressing that the commission felt unable to engage with the argument that there is any public interest in ITV being free to charge even a fair market price for its airtime in order to sustain and increase its investment in original British production. The commission refused to acknowledge that there is any public interest in programme investment.

So long as advertisers can continue to enjoy the cheapest airtime in Europe, through the artificial deflationary remedy imposed 10 years ago, all is well in the rarefied world of economic market theory inhabited by the people at the Competition Commission. By the way, they also chose to ignore the fact that the Google-dominated internet is now a fully grown, head-to-head competitor for advertiser-supported television. Nor did it occur to them that sustained investment in British content is also in the advertisers’ long-term interests. Could the CC have got it more wrong? The Government must look at the CC’s terms of reference in this market and require that they take account of the public interest in programming investment, and the new wider online market. Recalibrating the competition authority’s outdated remit will pay handsome dividends in jobs and exports. Please spare us one of those ludicrously long three-year market review solutions beloved of economic regulators.

The other leak in the investment bucket comes with a health warning: it is not for those of a nervous disposition and may come as a shock to some listeners. All of the free-to-air public service broadcasters currently have to pay Sky to transmit their billions of pounds worth of British hit programmes each year. There is not time today to explain how this comes about, suffice it to say that a lethal cocktail of statute, competition law and regulation, both UK and European, and political and regulatory apathy is ensuring that an estimated £15 million a year currently flows out of UK production jobs and exports and into the coffers of Sky. In no remotely comparable television market anywhere in the world is this allowed to happen.

Since these arrangements were put in place, I estimate hundreds—yes, hundreds—of millions of pounds have been drained out of UK public service programming investment and across to Sky. Clearly there is an importance to Sky viewers in being able to watch “Coronation Street” and “EastEnders”, and clearly there is an interest for the PSBs in reaching the Sky audience. So, the simple question for the Minister is: why does any money need to pass between two mutually dependent media sectors? I suspect the economists’ answer would be that it is all very well in practice, but it does not work in theory.

Fairness demands that this arrangement should be neutralised as a matter of urgency so more jobs can be created, more exports earned, more economic activity generated and more wonderful home-grown programmes enjoyed by everyone—everyone except, that is, the competition commissioners. Both of the issues to which I have drawn your Lordships' attention today, belong to that file of free market economic theory that I have labelled “Ongar” which, as your Lordships well know, is the station on the Central line just beyond Barking.