Digital Identification Protocol

Debate between Lord Moynihan and Baroness Barran

Thursday 20th May 2021 Lords Chamber

[Baroness Barran (Con)]

We are not planning to reinvent anything. We will continue to run the Verify system, plan for its retirement and the offboarding of services, while working closely with departments, including my own, to develop a viable long-term digital identity solution for all government, which will be called “One Login for Government”.

[Lord Moynihan (Con)]

My Lords, I congratulate my noble friend Lord Holmes on his persistence on this important subject. Does the Minister agree that we have to introduce a unified digital ID protocol for many reasons, not least the IT benefits for people’s well-being, which will require building equal digital opportunities, widespread digital literacy and strong digital security? For this to succeed, the Government need to introduce their own digital ID protocol as soon as possible and use that opportunity to consider launching further widespread digital literacy education campaigns.

[Baroness Barran (Con)]

I thank my noble friend for highlighting another opportunity for digital ID. The Government are committed to realising the benefits of these technologies, albeit without creating ID cards. My honourable friend the Minister for Digital Infrastructure and the Parliamentary Secretary at the Cabinet Office are working closely together, as both the trust framework and the single sign-on system for government are needed, so that users can control their data in line with the principles that we published in our response to the 2019 call for evidence.

Gambling: Early Mortality

Debate between Lord Moynihan and Baroness Barran

Tuesday 20th April 2021 Lords Chamber

[Baroness Barran (Con)]

As I mentioned in response to an earlier question, that is one of the issues that will be considered as part of the review of the Gambling Act. I can update the House that there has been an increased donation this year to GambleAware from the industry of £19 million, up from £10 million last year, and next year’s donation is forecast to be £26 million.

[Lord Moynihan (Con)]

Does my noble friend agree that Dr Muggleton stressed that the report could not say whether the association between gambling and any negative effect, including increased mortality, was causal? As a result, does she agree that in government DCMS should continue to focus on the most vulnerable through advertising and the location of betting shops in impoverished neighbourhoods rather than make policies drawn on direct causal links which the research does not conclude?

Video-sharing Platforms: BBFC Ratings

Debate between Lord Moynihan and Baroness Barran

Thursday 4th March 2021 Lords Chamber

[Baroness Barran (Con)]

I would be happy to discuss the matter that the noble Baroness raises with the relevant platforms and the Video Standards Council. We encourage online store fronts to follow the BBFC best practice for labelling online apps, which includes signing up to the international age rating coalition system.

[Lord Moynihan (Con)]

My Lords, I declare my interest as vice-chair of the All-Party Parliamentary Group on Esports. Does the Minister agree that in protecting children’s rights, the views of gamers, children and teachers should be taken into account when considering a combination of age labelling, filters and parental controls, and that tools such as URI which provide age ratings for UGC available via online video-sharing platform services are exceptionally helpful in this context?

[Baroness Barran (Con)]

My noble friend is right that the views of children, gamers and teachers are important. Under the video-sharing platform regime, UK-established platforms will be required to take appropriate measures to protect all their users from illegal content and minors from harmful content. Those measures could include a combination of age labelling, filters, parental controls and technical tools.

Television Licence Evasion

Debate between Lord Moynihan and Baroness Barran

Tuesday 26th January 2021 Lords Chamber

[Baroness Barran (Con)]

The noble Baroness covers a number of points. On her first point, I absolutely sympathise with the issue she raises, although we have to recognise that the BBC is independent in the way that it enforces and collects the licence fee, and that levels of evasion are the lowest in Europe.

[Lord Moynihan (Con)]

My Lords, as so often, the noble Baroness, Lady Hoey, is right. I am glad that the Minister agrees that a criminal sanction, including cases of imprisonment for TV licence evasion, is disproportionate. Does she agree that it is regrettable that we live in an age where some 91 people have been given custodial sentences for failing to pay fines in respect of the non- payment of TV licences in recent years, and that a change to a civil penalty system should take place now, rather than wait until the licence fee review is completed?

[Baroness Barran (Con)]

The figures that my noble friend refers to—the 91 people receiving a custodial sentence—are for the period 2015-18, and those numbers have declined significantly in recent years. In relation to a civil sanction, it needs to be sufficiently robust to underpin the legal requirement to hold a TV licence, and, as I mentioned, it might result in higher financial penalties. We are keeping this matter open for further review.

Sport Sector: Financial Support

Debate between Lord Moynihan and Baroness Barran

Wednesday 25th November 2020 Lords Chamber

[Lord Moynihan (Con) [V]]

My Lords, I very much welcome this Statement as an important rescue package, for that is exactly what it is. I note that £250 million of the £300 million is in the form of loans. When can we expect the terms of the loans and details of the repayment holidays to be finalised, rather than the final deals themselves? I hope that the Minister will commit to a comprehensive review of all Covid-related support for sport by the end of March, when this package ends, because long into 2021 the impact of Covid-19 will still be delivering a hammer-blow to the decimated income statements of both winter and summer sports across the United Kingdom.

[Baroness Barran (Con)]

I thank my noble friend for his question. We will publish the application process and wider conditions for loans in the winter survival package in the next few weeks, but the principle behind the loans is that they should be affordable in terms of both the interest rate and the repayment period. In relation to a review of sport, I am not aware of a formal review of the sort that my noble friend suggests, but I stress that the team in DCMS is working extremely closely with all sports to get as thorough and comprehensive as possible an understanding of the situation and how we can relaunch stronger in the new year.

Covid-19: Support for Entertainment and Music Industry Freelancers

Debate between Lord Moynihan and Baroness Barran

Monday 9th November 2020 Lords Chamber

[Baroness Barran (Con)]

I am happy to share the detail of that information in a letter to the House and put a copy in the Library. We are working very hard. We have already disbursed over £500 million to 2,000 organisations as part of the Culture Recovery Fund. As I mentioned, that includes specific pots for music venues and cinemas, and we were pleased to announce additional funding for heritage and arts organisations just this weekend.

[Lord Moynihan (Con)]

My Lords, I declare my interests as set out in the register. Will the Government consider extending the film and television production restart fund beyond the end of February? Weather-wise, this is when the industry tends to pick up, so freelancers could finally see the light of day at the end of a very long tunnel.

[Baroness Barran (Con)]

As I said, the Government are keeping all options under review. We have not yet committed all of the Culture Recovery Fund and are looking at the best ways to disburse it in full. We are optimistic that the £500 million scheme that we announced to support film and TV production will have an important impact on the sector, particularly as we have been able to secure an exemption for film and TV production during this lockdown.

Professional and Amateur Sport: Government Support

Debate between Lord Moynihan and Baroness Barran

Thursday 1st October 2020 Lords Chamber

[Lord Moynihan (Con) [V]]

My Lords, as the noble Lord, Lord Faulkner, said, national football league clubs still have no idea what their settlement is, and they are being asked to start the season in good faith. At the same time, Premiership rugby clubs have been pushed to the brink by the implications of Covid and are now being driven to bankruptcy by a lack of gate receipts; none is profitable. Does the Minister agree that Premiership-level clubs are in the bracket of what the Government call “the greatest need”, and that spectator sport as a whole faces a daily fight for survival, which requires action now to allow a limited number of supporters back safely in order for it to survive and support its fan base and their communities?

[Baroness Barran (Con)]

The Government are very keen to support all sports, for the reasons that we have already summarised, in terms of both their specific sporting contribution and their wider community contribution. Clearly rugby plays an important part and is very central in particular communities. We are going through this in detail with each of the governing bodies, looking at the needs of their specific sports, and will respond as quickly and as effectively as we can.

Gambling Legislation

Debate between Lord Moynihan and Baroness Barran

Thursday 10th September 2020 Lords Chamber

[Baroness Barran (Con)]

I thank the right reverend Prelate for his questions. Actually, there were fewer people using online slots and casinos in June than in March, so there are some counterintuitive trends in the gambling market. With regard to the Gambling Commission and its powers and resources, we are considering proposals for an uplift in the fees that it collects from industry. In relation to recent stories about redundancies at the commission, it is always reviewing ways to become more agile and responsive.

[Lord Moynihan (Con)]

My Lords, the DCMS in its sport integrity review called for legislative action on the issue of match fixing. Will the Minister look to amend Section 42 on cheating in the now very much outdated Gambling Act 2005, so as to bring the UK in line with international best practice by introducing specific match-fixing legislation?

[Baroness Barran (Con)]

I know that my noble friend has worked very hard on this important issue. I cannot comment on the specifics, but I can reassure him that we are absolutely committed to ensuring that the review of the Act results in making it fit for purpose in a digital age.

Data Protection: Age-appropriate Design Code

Debate between Lord Moynihan and Baroness Barran

Monday 18th May 2020 Lords Chamber

[Baroness Barran]

There is no intention to water down the code. Its content is the responsibility of the Information Commissioner, who has engaged widely to develop the code, with a call for evidence and a full public consultation.

[Lord Moynihan (Con)]

My Lords, is my noble friend the Minister able to tell the House the results of the consultation process with the industry on possible ways to implement age verification online?

[Baroness Barran]

We believe that our online harms proposals will deliver a much higher level of protection for children, as is absolutely appropriate. We expect companies to use a proportionate range of tools, including age-assurance and age-verification technologies, to prevent children accessing inappropriate behaviour, whether that be via a website or social media.

Covid-19: Sports

Debate between Lord Moynihan and Baroness Barran

Wednesday 13th May 2020 Lords Chamber

[Baroness Barran]

The noble Lord makes an extremely good point about communication and making sure that children hear about the opportunities available for them, so I will take that point back. I also draw his attention to the recent announcement that the Community Emergency Fund has been increased from £20 million to £35 million; that supports just the sorts of organisations to which he refers.

[Lord Moynihan (Con)]

I welcome Sport England’s excellent set of initiatives. However, does the Minister agree that waiting until the forthcoming spending review—potentially this autumn—to learn about UK Sport funding for teams for Tokyo’s Olympics next year is too long a period of uncertainty for our Olympic and Paralympic athletes, and that it casts further doubt and shadows over selection processes?

[Baroness Barran]

I understand my noble friend’s interest in getting clarity as quickly as possible. I can only reiterate that officials and Ministers are working very closely with all those involved to make sure that we have the strongest possible case to put on their behalf at the spending review.

Olympic and Paralympic Games 2021

Debate between Lord Moynihan and Baroness Barran

Tuesday 28th April 2020 Lords Chamber

The Question was considered in a Virtual Proceeding via video call.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Baroness Barran) (Con)]

We continue to work with UK Sport and sports bodies to support our athletes and sports in the run-up to the Tokyo Games in 2021. We want the Tokyo Games to be a resounding success and will work alongside everyone involved to help achieve this. The forthcoming spending review will address the budget needs to do this beyond the current funding cycle.

[Lord Moynihan (Con)]

My Lords, the Answer given will be welcomed by the world of British Olympic sport. Will my noble friend also take into account the wider concerns of some British Olympic and Paralympic sports governing bodies, which, like the British Olympic Association and the British Paralympic Association, are facing serious financial loss, and the need to reassure them on the availability of funding for their programmes to prepare the very best possible British teams for Tokyo?

[Baroness Barran]

I thank my noble friend for his question. We are working closely across the sector to understand the impact of Covid-19 on income generation. My colleague the Minister for Sport is involved in this on a daily basis.

Birmingham Commonwealth Games Bill [HL]

Debate between Lord Moynihan and Baroness Barran

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Tuesday 25th February 2020 Lords Chamber

[Baroness Barran]

I am happy to explore that, but my understanding is that that decision has been taken. Perhaps we need to see how it plays out in the event that the model is adopted in future.

[Lord Moynihan]

I am very grateful to my noble friend, because I know that this is not an easy wicket on which to be batting. Dame Louise Martin, president of the Commonwealth Games Federation, stated last night in a letter to a number of your Lordships that the Commonwealth Games Federation executive board agreed a resolution that,

“One week following the Closing Ceremony of the Birmingham 2022 Commonwealth Games, the CGF shall issue a medal table that includes results from the Chandigarh 2022Commonwealth Archery and Shooting Championships, as a further and final legitimate ranking of competing nations and territories from the respective competitions.”


It is very clear that both will be brought together, and therefore nobody in the world of sport will separate them. I appreciate that this will not be resolved this evening.

The suggestion made by the noble Lord, Lord Hunt, is an excellent one, as is the suggestion made by the noble Baroness, Lady Grey-Thompson, that if we are going to have this, it is wise to reflect on the best way of presenting it, and indeed co-operating in areas where co-operation would be beneficial to the future of the Commonwealth Games.

[Baroness Barran]

My noble friend makes a very fair point, and I am sure that the Commonwealth Games Federation has given enormous consideration to these matters and will continue to reflect on them.

I turn to the amendments in this group. As noble Lords will be aware, the current proposal was announced by the Commonwealth Games Federation only yesterday and was obviously very timely, given the keen interest of a number of your Lordships in this Chamber to see the championship event funded and delivered in Chandigarh by the Indian Olympic Committee and the Government of India. I reiterate what I said in the earlier group that there is no financial operational responsibility sitting with the Birmingham 2022 Organising Committee. As this will be organised and funded as a separate event, the organising committee will not be in a position to report on the progress of delivery of the shooting and archery championships, as called for by my noble friend’s amendments. As such, and to address the amendment in the name of the noble Lord, Lord Foster, the measures in this Bill apply only to events forming part of the Birmingham 2022 Games or any other event arranged by, or on behalf of, the Birmingham 2022 Organising Committee. I do, however, note the intention behind the amendments and fully support the steps taken by the Birmingham 2022 Organising Committee to ensure that social values are a key consideration from delivery through to legacy.

In particular, I welcome, together with all noble Lords, the development of the Social Values Charter, which embodies the values of the Commonwealth sports movement and the Transformation 2022 agenda. I agree that the central focus on social values is greatly welcomed and provides another fantastic example to the organisers of other and future events. This has already been touched on this evening. Accordingly, we hope that the Social Values Charter will be a legacy for future Games and ask that the Commonwealth Games Federation considers how the ground-breaking work undertaken by Birmingham 2022 can become a normal convention.

The Commonwealth Games Federation’s Transformation 2022 strategy is clear about how the Commonwealth sports movement places human rights, governance and sport for social change at the heart of its new vision and, indeed, it has already confirmed that, like its host city arrangements for other events, Chandigarh 2022 will be expected and contracted to uphold the highest standards in this regard. Given the clear separation between the two events, but not taking away from the important work that Birmingham 2022 is doing to promote social values, I ask that the noble Lords withdraw their amendments.

--- Later in debate ---

[Lord Moynihan]

My Lords, Amendment 21 covers the subject of touting. We have discussed at earlier stages the abuse of the secondary market and the importance of this as a criminal offence. My principle concern in tabling this amendment is to encourage the Government to commit to recognising that the issue is not so much one of abuse of the secondary market but the lack of enforcement powers. It is vital that those enforcement powers are made available. In the interests of time, I will discuss the subject with my colleagues in another place who, I know, are interested in tabling amendments to that effect. I hope that my noble friend the Minister will be able to say something about the importance of enforcement. There is real concern that those powers are not available at present.

The additional amendments, Amendments 22 to 27 —and a ghost amendment, potentially Amendment 28, which appeared suddenly overnight but was never tabled—all relate to questions about advertising. I tabled these amendments because the Advertising Association, with which I am in agreement, has expressed concern that the current clause on the timing of the vicinity restrictions is too open to interpretation, creating significant uncertainty for many businesses large and small, as well as for outdoor media owners with billboards near the event venues.

As currently drafted, Clause 13(3) requires the vicinity advertising restrictions to come into effect from

“the beginning of the period of 21 days ending immediately before the day on which the Games begin, and … end no later than the end of the period of 5 days beginning with the day after the day on which the Games end.”

I recognise the need to ensure that event venues and the vicinity around them are kept clean from advertising during the event itself, but the clause currently gives scope for the advertising ban to extend for nearly a month and possibly across a wide area of England, which the sporting events will be spread over, with sporting venues in Birmingham, Staffordshire and Leamington Spa, and the velodrome in London. This is surely unnecessary and goes against the stated aim, which is to limit advertising in the immediate vicinity of the event for the period when the event takes place.

The amendment tabled would limit the advertising ban to the locality around each event and put in place reasonable time limits, starting the day before the event takes place and finishing the day after. The amendment also takes account of the possibility of multiple events at the location. I appreciate that planning for the event locations is still ongoing; the amendment does not impede that process, but provides a more proportionate and balanced approach to the vicinity restrictions. Given that the Secretary of State will not publish the implementing regulations until after the Bill has received Royal Assent, I believe this amendment is essential to give businesses up and down the country appropriate clarity.

The amendment takes the same approach as for the UEFA European Championships in Scotland, where regulations governing the trading and advertising arrangements have already been published for consultation by the Scottish Government. These state that if one venue hosted a single event that lasted only a day, the restrictions could apply for as little as a day before the event takes place and the day after. There is a strong case to align with this. Amendment 24 covers much the same issues for the trading offence, for the same reasons as I have outlined regarding Amendment 22 on the advertising offence. There is a direct read-across to that.

I tabled Amendments 25 and 26 to Clause 18 because, as noble Lords will be aware, the two must be read together. The Government accept the case for a statutory exemption for the sale and distribution of news media—newspapers and magazines. As I will argue, this requires both these amendments to Clause 18, given that Clause 18(1) is a summary of the exemptions set out in more detail by the subsequent subsections. Amendment 26 would provide a statutory trading exemption for the selling and distribution of news media, including newspapers and magazines whether online or print versions, along with the other trading exemptions. This amendment would create a further subsection, Clause 18(7).

At Second Reading, other noble Lords and I raised the need for the Government to confirm continued consultation on, and then the provision of, statutory exceptions to enable normal newspaper publication and distribution during the Games, as sought by the News Media Association. The Government, in reply, welcomed the engagement of the association on the development of the Bill, which places on the Secretary of State a duty to consult specific people before making the exceptions regulations for advertising and trading. The Government then helpfully stated that they were keen to continue working with the News Media Association and others as work on potential exceptions develops. The NMA has welcomed the constructive response of the Government. It stresses the importance of the enactment of robust, comprehensive newspaper exceptions to both the advertising and trading offences, which will be created by the Bill, and that these protections must be no less than the newspaper protections provided by such exceptions regulations for past Games and similar events.

My amendment also includes the sale and distribution of magazines. Such statutory exceptions are necessary, simply to enable the normal, lawful, unimpeded sale, distribution and provision of newspapers and magazines, including their usual editorial and advertising content, to their readers—surely something on which we all agree.

The final amendment covers scrutiny in this House. Noble Lords will recall that this was raised as an issue at Second Reading. It is important to have public scrutiny of the implementation of these restrictions to ensure they are workable for businesses that would be affected and are proportionate in their application, because the Secretary of State is not obliged, under the Bill, to publish the implementing regulations until Royal Assent, which reduces the opportunity for public scrutiny.

I commend all these amendments, which require a similar level of scrutiny. I have put them on record because a great deal of work has been done by interested parties, behind the scenes and outside the House. I hope they will be considered carefully by the Minister and in another place. I beg to move.

[Baroness Barran]

My Lords, the amendments tabled by my noble friend Lord Moynihan on advertising and trading restrictions seek to provide that news media would be excepted from the advertising and trading offences, to limit the period in which the restrictions could be in place in the vicinity of Games locations, and to apply the affirmative procedure to the regulations setting out when and where the restrictions apply. The ticketing amendment seeks to change the powers that can be used by the police for enforcement of the ticketing offence.

On Amendment 21, we recognise the importance of effective enforcement of all the Bill’s provisions, including those prohibiting the unauthorised sale of Games tickets. The enforcement provisions in the Bill have precedent, and have been informed by the experience of the Glasgow 2014 Commonwealth Games and the London 2012 Olympic and Paralympic Games. It is important to note that the Bill provides for ticket touting, advertising and trading offences to be enforced primarily by trading standards, as authorised by local weights and measures authorities. Nevertheless, the police may be asked to support trading standards carry out some enforcement activity, where this is operationally necessary, and we are working with the organising committee, local authorities and West Midlands Police to develop a co-ordinated approach to enforcing the Bill’s provisions.

I reassure my noble friend that this amendment is not needed to address an enforcement gap. Tickets can already be seized by trading standards under the Bill. Enforcement officers already have a suite of investigatory powers available to them through Schedule 5 to the Consumer Rights Act 2015, including the power to search and seize documents. We need to ensure that enforcement of this provision is proportionate. We should bear in mind that the provision is primarily intended as a deterrent. It would be disproportionate to add Games tickets to the list of prohibited articles, as this is intended to cover offensive weapons, and items intended to cause harm or to assist in acts of burglary or theft.

Finally, we believe that this amendment perhaps does not reflect the changing landscape of ticket touting. It concerns the enforcement of the ticketing provision against touts outside venues—thankfully a diminishing feature of the secondary ticketing market—rather than those operating through online ticket resale platforms, where potential breaches of the offence are perhaps more likely to take place. Importantly, as the Bill stands, the ticketing provision addresses the enforcement of the touting provision wherever it takes place. For these reasons, I ask my noble friend to withdraw Amendment 21.

On Amendments 22 to 27 on advertising and trading offences, we should remember that these offences have been brought forward to ensure that trading does not obstruct easy movement in the vicinity of Games locations and to provide a consistent approach at each venue. My noble friend Lord Moynihan also seeks to apply the draft affirmative procedure to the advertising and trading regulations, setting out when and where the restrictions will apply.

I mention here my thanks to the Delegated Powers and Regulatory Reform Committee for its report on the Bill. The committee recommended that these regulation-making powers be made affirmative. I intend to respond to this report shortly and will ensure that a copy of that response is made available in the Libraries of both Houses. However, I am not persuaded that such an amendment is necessary.

The Government are of the view, given the temporary nature of the offences and the proportionate approach to the offences set out in the Bill, that the negative procedure is appropriate. However, I reiterate and provide the reassurance that it is not the Government’s intention to place a blanket advertising ban or outdoor trading ban across Birmingham or the West Midlands. All Games partners are committed to engaging with those affected; indeed, business engagement across the city and region is already under way.

My noble friend Lord Moynihan has sought to include in the Bill that the restrictions provided in the vicinity of a Games location are time-limited, so that they begin no earlier than the day before the first event at a location and end no later than the day after the final event at a location. I remind the House of the remarks made by my noble friend Lord Ashton on Report of this Bill in the previous Parliament. He confirmed that the intention is in most cases for a facility to

“extend a few hundred metres beyond a Games location.”—[Official Report, 24/7/19; col. 790.]

However, it is important that we maintain operational flexibility with these restrictions, to protect the vicinity of Games locations from unauthorised advertising and trading. Such areas within the vicinity of Games locations may be affected only for a number of days—for example, in the immediate run-up to the Games—but as a consequence of this amendment they could not be protected from ambush marketing for the duration of that period. However, I want to provide reassurance that these restrictions will be proportionate and temporary, lasting a maximum of 38 days, and potentially far fewer in many cases. It will be driven by when and how Games locations are used; some may be in use only for a very few days. Because we are seeking to underline that commitment to proportionality, the Bill includes a small number of exceptions and a power to provide further exceptions in the regulations.

Football Association and Bet365

Debate between Lord Moynihan and Baroness Barran

Thursday 9th January 2020 Lords Chamber

[Baroness Barran]

I apologise, but I cannot give a definite date—but there is a clear sense of urgency.

[Lord Moynihan (Con)]

My Lords, this Urgent Question reflects how much has changed since this third-party contract was signed in, I believe, 2014-15 and was rolled forward in 2017. When the Secretary of State and the Minister for Sport sit down next week with the FA, will they urgently review what changes to the Gambling Act are necessary? In the meantime, will they also approach Bet365, which was mentioned by my noble friend Lord Forsyth as stimulating demand. That company has revenues of £3 billion. The conditionality attached to this contract is that people have either to place a bet or to put £5 into a new account 24 hours before kick-off. Could the Government ask Bet365 immediately to rescind those two conditions, which stimulate demand?