Broadcasting (Public Service Content) Bill Debate

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Lord Vaizey of Didcot

Main Page: Lord Vaizey of Didcot (Conservative - Life peer)

Broadcasting (Public Service Content) Bill

Lord Vaizey of Didcot Excerpts
Friday 1st April 2011

(13 years, 8 months ago)

Commons Chamber
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Peter Bone Portrait Mr Bone
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I entirely take your advice, Mr Speaker, but I do not want to dilate long on any particular point, so I shall try to keep my points brief when I get to them. Okay, so that gets rid of that, that and that. That has gone, too. We will get there, Sir.

The public service content is mentioned in clause 1(1) and is defined in some detail in clause 1(2). Let me outline the idea behind the Bill. The licence fee will be available to all broadcasters and it will be paid out in return for public service broadcasting content. It will not be left purely to the BBC, but be open to ITV, Channel 4, Sky and any other broadcaster and to local radio. The licence fee, which many people think is paid directly to the BBC, is, in fact, paid to the Secretary of State, who then dishes it out. I believe that the licence fee should be allotted for a specific purpose—in this case, the provision of public service content broadcasting. That is what my Bill would do.

I know that other very important Bills such as the Food Labelling Regulations (Amendment) Bill and the Fire Safety (Protection of Tenants) Bill are still to come, so I hope this debate will not go on for too long. As I say, I expect to get support, if not from Opposition Members, certainly from my hon. Friend the Minister, as I have read the remarks he made on the earlier Bill.

Peter Bone Portrait Mr Bone
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I will remind the Minister. Bearing in mind that today is 1 April, I think what he effectively said was that it was a jolly good Bill and that it should pass. That is a summary of how I read what he said, although he may want to go into more detail on that.

Let me get back to the Bill. Public service content is broken down into four different categories. The first is the news element, so if a programme is a news programme, it must comprise

“local, national, international news or current affairs which is impartial, factual and objective”.

Last night, I was participating in the “Anglia Late Edition” with the hon. Member for Luton North (Kelvin Hopkins), who was very good. The trouble is that whenever I go on programmes with him, I find myself in agreement with him—and most of the time we both disagree with our own parties. The hon. Member for Norwich South (Simon Wright) was also participating and he was very good. It was a genuine programme in which we talked about the alternative vote, cuts and the closure of an RAF station—it was everything that public service broadcasting should be. It was a balanced programme—a representative of the Green party was on it as well—and it is a perfect example of the sort of broadcasting that we should have. Anglia does not receive a penny from the licence fee, however, and I believe that it should.

I want now to consider, in some detail, whether the BBC could qualify for any of that public service money. Let us return to the time of the last but one Prime Minister, Tony Blair. I felt then, and I think many other people felt, that we had not a British Broadcasting Corporation but a Blair Broadcasting Corporation, institutionally biased in favour of that Government. It did all the things that they liked. If someone was left-leaning, liberal, supported modernisation or loved the EU, he would be reported fairly and much more than anyone else. But if people did not fall into that category, why should they be asked to pay £150 for a licence, if they were paying for something that (a) they did not want to watch and (b) they did not agree with?

My Bill proposes that the licence fee should constitute money for public service broadcasting, and that any broadcaster who provides public service content should be able to apply for it. It would pay for no more and no less than that. It would not be limited to the BBC, and any broadcaster would be able to apply for it. If Sky were to broadcast public service content, it would be able to apply. I estimate that the cost of a licence would fall from £150 to about £50.

Millions of people watch, on the BBC, “Top Gear” and “EastEnders”. Millions of people also watch “Fifth Gear” and “Coronation Street”. Those two pairs of programmes are of exactly the same type, but one is funded by the state and the other is funded commercially. Under this Bill, the BBC would have to fund commercial programmes itself, through product placement, by selling the programmes on, or by imposing a small subscription fee which would, of course, have to be commercially competitive. The effect would be that of market forces competing. Such a system would not only keep the fee low, but put pressure on Sky to reduce its subscription fee—and if I had any criticism of Sky, it would relate to the level of its subscription fee. It would provide complete protection of public service content.

One of the misconceptions about the Bill has involved sport. During the debate on the earlier Bill, the hon. Member for Somerton and Frome (Mr Heath), now Deputy Leader of the House, said that because sport was not public service content, it would not be possible to broadcast any of it on the BBC. That is not the case. Commercially viable events such as test matches and the premier league would be commercially available to any broadcaster who paid the fee. As for minority sports that no one would otherwise want to broadcast, they are covered by clause 1(2)(d), which refers to the public service criterion that

“the content would not otherwise be likely to be provided by the market responding to consumer demand.”

During that earlier debate, my hon. Friend the Member for Shipley (Philip Davies) referred to cuts in the broadcasting of horse racing events that were considered not to be commercially viable. Under the Bill, such events would become available to broadcasters because they would fall under the catch-all of clause 1(2)(d).

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Lord Vaizey of Didcot Portrait The Parliamentary Under-Secretary of State for Culture, Olympics, Media and Sport (Mr Edward Vaizey)
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I am grateful to have the opportunity to respond to this very interesting and wide-ranging debate on a matter of great importance. I congratulate my hon. Friend the Member for Wellingborough (Mr Bone) on bringing the Bill to the House on behalf of my hon. Friend the Member for Christchurch (Mr Chope). I think that my hon. Friend the Member for Wellingborough is still awake after the previous speech, but I just wanted to check. I note from his biography that he runs marathons for charity; his extremely lengthy speech was a marathon effort on which I wholeheartedly congratulate him.

Peter Bone Portrait Mr Bone
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I hope the Minister is not inadvertently misleading the House. If he thinks that was a marathon speech from me, I invite him to attend on other occasions.

Lord Vaizey of Didcot Portrait Mr Vaizey
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I am grateful for that clarification. I was going to say that despite its seeming a marathon effort to me, it covered in great detail a number of very important points and was not in any way discursive or repetitive. That is a real achievement and shows, once again, that my hon. Friend is one of the most formidable debaters in the House. When one sees his name on the annunciator, one knows that it is worth leaving what one is doing and coming to the Chamber. I also know, because I came to the House at the same time as he did, that he was the director of a travel agency, which I imagine was enormously successful. Such was the detail that he brought to the debate that I am sure customers who discussed a holiday destination with him would have received a very detailed analysis of the options available all over the world. Perhaps that attention to detail started with his distinguished career in engineering, which of course calls for great attention to detail.

We heard important contributions from my hon. Friends the Members for Tamworth (Christopher Pincher), for Bury North (Mr Nuttall) and for Gainsborough (Mr Leigh). My hon. Friend the Member for Tamworth supported some of the comments that hon. Members made, but he made it clear that it would be dangerous to give politicians the chance to threaten the editorial independence of the BBC. I wholeheartedly agree with that point.

My hon. Friend the Member for Gainsborough was concerned about the NAO’s ability to audit the proposals, and my hon. Friend the Member for Bury North was keen to stress the diverse nature of broadcasting beyond the BBC and the opportunities presented by the Bill to support that wider broadcasting ecology.

The Government strongly support the BBC and believe it to be a jewel in our crown that is widely supported by the British public. Indeed, the hon. Member for Ashfield (Gloria De Piero), who gave a precise and to-the-point summary of her party’s position, pointed out that the BBC ranks alongside tea and Marmite in the affections of British citizens who are foolish enough to leave this wonderful country of ours; that is what they miss.

The BBC is supported strongly by the public, and it is important to understand that it remains an anchor for our diverse media ecology, if that is not too much of a mixed metaphor. As it relies not on advertising but on the licence fee, it can provide quality programming, and it raises the quality bar—a bar for which other broadcasters have to aim. Other broadcasters have to balance their need for ratings with their need to produce quality broadcasting, given the choice available to the public. The BBC also provides a whole range of training opportunities; many successful directors and producers began their careers at the BBC. It provides a valuable resource for many independent production companies that provide programmes for the BBC, which is important because of the window of creative competition.

This country would be much poorer without the BBC; the brand is widely recognised around the world, and it is highly competitive. I was recently lucky enough to go to the BBC showcase in Brighton, where BBC Worldwide sells BBC television programmes to buyers from around the world. It was an astonishing occasion that reminds one how much the rest of the world values and admires the BBC. More than 500 delegates from all over the world came to buy BBC programming from across the spectrum. That provides the BBC with valuable income.

As hon. Members are aware, we concluded a rapid licence fee negotiation with the BBC in October, and I think the result is a fair deal for all involved. It is a fair deal for the licence fee payer; the licence fee is currently £145.50, and that will be frozen for the lifetime of this Parliament, up to the 2017 renewal of the BBC’s charter. It is a fair deal for the BBC, because it gives it certainty on the licence fee, instead of two years of fraught negotiation, and it allows it to plan for a substantial period. The level of the licence fee is perhaps challenging for the BBC, but we are confident that it will be able to make significant efficiency savings to absorb what is, in effect, a reduction in licence fee income.

Edward Leigh Portrait Mr Leigh
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On that important point, there is already pressure on inflation, and it is impossible to predict. What are the plans if inflation rises beyond its current reasonably low levels? What will happen then?

Lord Vaizey of Didcot Portrait Mr Vaizey
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I am not sure whether my hon. Friend is arguing for an increase in the licence fee in such circumstances; I would be astonished if he was. At present, I am confident in the Chancellor of the Exchequer’s management of the economy and his predictions that inflation will fall substantially next year.

As I say, the licence fee is a fair deal for all involved, bringing certainty for the BBC, a low level of licence fee for the licence fee payer, and the opportunity for efficiencies. My hon. Friend the Member for Bury North talked about flats in multiple occupation; my understanding is that owing to the way in which our society is developing the BBC will get significantly increased income because of the number of individuals paying a licence fee. I will not say any more than that, because that would obviously be a matter of social commentary on the way people lead their lives today.

Let me turn to my concerns about some of the issues that have been raised. First, there is the issue of top-slicing the licence fee. I do not think that hon. Members actually used the phrase “top-slicing”, but it is quite clear that they want to keep the licence fee under the Bill, but would like it to be distributed to other broadcasters. The issue was debated thoroughly in the previous Parliament, and in fact it became quite a serious proposal in the past few years, particularly when Channel 4, under its previous leadership, argued for an element of the licence fee. Ofcom, the independent regulator, had examined the issue and thought it should be considered.

I always remained against top-slicing, for a number of reasons. I could not understand the perspective of people such as my hon. Friend the Member for Wellingborough, who clearly have significant concerns about the BBC and the quality of the programming it provides. Why on earth would they want to see two, three or four BBCs? My hon. Friend may have concerns about the quality of some of the BBC’s output, but, knowing him as I do, I suspect he probably has the occasional hernia about the output of Channel 4.

Let us imagine that Channel 4 had a slice of the licence fee. My hon. Friend would have to speak in the next debate not for an hour and eight minutes, but for two hours and 16 minutes to express his concerns. Imagine if there were three, four, five or six broadcasters receiving the licence fee. Given that one licence fee-funded broadcaster gets an hour and eight minutes of forensic analysis from my hon. Friend, we could be here for hours listening to him get off his chest his concerns about the licence fee.

During the debate my hon. Friend raised his concerns about the way the licence fee is collected. We know that this is a perennial problem. All of us as constituency MPs have heard from individual constituents who either do not have a television or feel that the letters they receive from TV Licensing are heavy handed. I point out to my hon. Friend that of the people who are approached by TV Licensing and asked to pay the television licence fee when they have not done so, claiming that they do not have a television, one in five do have a television. Clearly, it is important that the licence fee is collected from everyone who has a television so that all of us can enjoy the benefits of a low licence fee. The more people who did not pay for their licence, the higher the licence fee would rise.

Peter Bone Portrait Mr Bone
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The commissar Minister seems to imply that for the good of collecting the licence from one person, the privacy of four others may be invaded. Surely that is from the USSR, not from Britain.

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Lord Vaizey of Didcot Portrait Mr Vaizey
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I am not sure that I agree with my hon. Friend’s interpretation of what I said. All I am saying is that for the television licensing organisation to approach an individual and ask them to pay the licence fee may not be an unnecessary exercise in every case.

The National Audit Office was mentioned. I want to bring hon. Members up to date with where we are on that. In September 2010 we announced that the National Audit Office was to have full access to the BBC’s accounts, and that the NAO would be able to choose which areas to investigate. However, we made it clear that the BBC’s editorial policy was to be safeguarded. These changes will be given effect by amending the BBC agreement. We are working on the detail of how the changes are to be implemented, and we hope to achieve that towards the end of the year. November 2011 is the date that appears in the Department for Culture, Media and Sport’s structural reform plan, which I know hon. Members will have seen on our website, because I know they will want to keep up to date with the targets that the Department has set itself.

I was interested in the point made by my hon. Friend the Member for Bury North about the convergence of the internet and broadcasting. That is an extremely valid point. I hope convergence will give many more broadcasters a chance to reach new audiences. It is important that in a new media ecology—you can tell, Mr Deputy Speaker, that I like using the word “ecology”—we give new companies the space to grow. They are currently subject to co-regulation by Ofcom and the Authority for Television on Demand, and it is extremely important that that regulation is as light touch as possible to allow those organisations the space to invest, grow and market to new audiences.

Our television experience may well change dramatically. However, the increase in viewing of what is known as shift television, which allows live television to be paused and effectively watched on demand, has not been as dramatic as had been expected. A few years ago, it was expected that by this stage around 40% or 50% of viewing would be on that basis, but the figure turns out to be only around 5% or 6%. We remain a conservative nation, still watching linear television as it is broadcast by the main broadcasters.

In any debate on the BBC, which is inevitably what a debate on a Bill on public service broadcasting becomes, there will be a discussion of BBC bias. I am aware that many hon. Members feel that the BBC is biased against their particular point of view. I think it was my hon. Friend the hon. Member for Wellingborough who said that if Front Benchers disagreed with him, he knew he was right. However, I think that it is also the case that at any one time Labour, Liberal Democrat and Conservative Members will all allege that the BBC is biased against their perspectives, so perhaps one could conclude that the BBC is getting it broadly right.

Nevertheless, my concern with the BBC relates to the element of accuracy, or to the need to put decisions in context. One of the frustrations I had on a particular policy area of mine—the abolition of the UK Film Council—was the way it was reported by the BBC. As hon. Members know, the film “The King’s Speech” was partly funded by lottery money that was invested in the film via the UK Film Council. When “The King’s Speech” began winning BAFTAs and Oscars, on which the whole House congratulates its makers, the BBC was keen to report “the success of the ‘King’s Speech’, which was funded by the UK Film Council, which is being abolished by the Government.” Any lay person listening to that report would ask, “What’s going on? We have just had a fantastically successful British film and the Government are clearly withdrawing the money that supports such films.” In fact, the money that supports a film like “The King’s Speech” is being increased by 60%. It would have been better if the BBC had put that in context and said, “‘The King’s Speech’, which was funded by the lottery, the funds of which are being increased by the coalition by 60%.” That would have been an accurate portrayal of our policy.

Similarly, I suspect that the Arts Council might feel slightly aggrieved by the BBC’s reporting of its decisions this week. Incidentally, I will take this opportunity to congratulate the Arts Council’s chairman, Dame Liz Forgan, and chief executive, Alan Davey, on what I think was a significant and successful strategic review of its portfolio. The BBC reported that 600 arts organisations had lost out as a result of Government cuts, but what it did not report was that this was the first time in the Arts Council’s history that it had had an open application process. As a result, 1,333 organisations applied for £1.4 billion of funds. If there had been no cuts to the Arts Council’s grant, it would still have had only about £1 billion to invest, so there was already a £400 million shortfall. It would have been good if the BBC’s bulletins on the morning of that decision had reflected that point.

Now that I have got the things that bug me off my chest, I will return to the Bill. [Interruption.] I apologise, Mr Deputy Speaker; the sip of water I just had went down the wrong way. As hon. Members will be aware, the Secretary of State announced in January that there is to be a thorough review of media and communications over the term of this Parliament. We hope that that will lead to a new communications Act, with the aim of ensuring that we have a dynamic communications market that continues to be world-leading. If possible, we would like to deregulate where we can and ensure that we encourage growth and innovation. For the purposes of my hon. Friend the Member for Wellingborough and colleagues who support his proposals, there is a great opportunity, because we will be publishing a high-level discussion paper very soon. That will help us to draft a Green Paper, which we hope to complete by the end of the year. That offers an opportunity to my hon. Friend, and perhaps my hon. Friend the Member for Christchurch, to make a submission setting out their concerns.

It was clear from the speech by my hon. Friend the Member for Wellingborough, and from a speech by my hon. Friend the Member for Christchurch when a similar Bill was introduced two years ago, that their knowledge of the broadcasting sector and their understanding of the many challenges that it faces are among the highest in the House. It would be a matter of personal regret if that knowledge and depth of interest were not reflected in a submission to the discussion paper that could inform the Green Paper. The discussion paper will allow people to comment on the future of public service content and, more generally, on investment in content in the UK. That is when we should discuss the nature of public service content, assessing whether a definition is needed at all and, if so, how we negotiate it. Given the importance of looking at the matter in the round, it would be unhelpful to address the case for a new definition in isolation in the Bill.

Let me set out the position more generally. The Bill seeks to abolish section 264 of the Communications Act 2003. That provision provides the basis of the framework for public service regulation set out in the Act, as well as the basis of Ofcom’s statutory reviews of public service broadcasting. It may help if I remind the House how public service broadcasting is covered in the Act, which ensures the dissemination of information and the provision of education and entertainment. It provides for cultural activity, including drama, comedy, music, feature films and other visual and performing arts. News and current affairs in the UK and around the world are covered. There is a requirement to satisfy sporting and other leisure interests, and to provide programmes on science, religion, social issues, international matters, specialist matters and religion. Children’s programming must be covered, as well as programming that reflects the lives of different communities, cultural interests and traditions in the UK and, locally, in different parts of the UK.

The characteristics and purposes of public service broadcasting proposed by Ofcom as part of its first public service broadcasting review in 2005 are worthy of consideration. Ofcom argued that public service broadcasting should be defined in terms of purposes and characteristics, rather than in terms of specific types of programmes or the output of certain institutions. It concluded that the purposes of public service broadcasting were based on the principles of informing ourselves and others; stimulating interest and knowledge; reflecting and strengthening our cultural identity; and making us aware of different cultures and viewpoints. It considered that the distinctive characteristics of public service programmes were that they were of high quality, original, innovative, challenging, engaging and widely available.

As hon. Members will be aware, the previous Select Committee on Culture, Media and Sport undertook a thorough examination of what is meant by public service content in its report of November 2007. It is worth highlighting the argument that not all public service broadcasting is provided by our established public service broadcasters. A strong case can be made for the claim that other broadcasters produce a great deal of programming that meets the characteristics of public service broadcasting, as set out in the Communications Act. That is to be welcomed, as is the good quality content that does not seek to qualify as public service broadcasting.

Public service broadcasting, from whatever source, is an essential element of the UK’s broadcasting landscape. It is entertaining, informative and educational and makes a vital contribution to a healthy, well-informed democracy. It might be worth putting on the record my support for the numerous cable and satellite operators based in the UK from abroad, who invest together approximately £1.6 billion in content and about £400 million in original content, and employ around 22,000 people in this country. It is important that they are seen as part of the debate when we consider the new communications measure.

It is encouraging that Ofcom’s most recent report on public service broadcasting found that audiences continue to value public service broadcasting programming and to rate highly the importance of the public service broadcasting purposes and characteristics. In particular, for the PSB channels considered together, there were more positive ratings for the PSB purposes in relation to informing our understanding of the world, stimulating knowledge and learning and elements related to reflecting the UK’s cultural identity. It is my understanding that the public regard, for example, “Strictly Come Dancing” as public service broadcasting, particularly when Ann Widdecombe is taking part. [Hon. Members: “Hear, hear.”] I thought that I would get some assent across the Chamber for that remark; I thank hon. Members.

Similarly, Ofcom’s second public service broadcasting review found that audiences value highly content that meets the purposes and characteristics of public service broadcasting. The report concluded that audiences want a wide range of high-quality content, which fulfils the purposes of providing news, promoting learning, reflecting our culture, and exposing a variety of views. It went on to note that high-quality UK-originated programming plays an essential part in meeting those purposes. It is interesting to note that audiences still strongly support the BBC, but there is a clear consensus that viewers value an alternative to the BBC across a wide range of programming.

The Government recognise that the changing structure of the television advertising market, the different cycles in television advertising revenue, technological developments, which I have already mentioned, the growth in platforms and increasing convergence all have an impact on providing public service broadcasting. Such changes are now permanent features of the broadcasting landscape and the Government will fully reflect such matters as we develop our policy. To support us in doing so, I again make my call to all interested parties to tell us what needs to change, what works well and what does not work so well. We need to encourage a debate on public service broadcasting, and we hope and anticipate that the subject will be debated for a long while yet. As Ofcom noted in the conclusion to its second public service broadcasting review:

“The central question is how a historically strong and successful public service broadcasting system can navigate from its analogue form to a new digital model. We need to sustain its quality and creative spirit while also capturing the opportunities of broadband distribution, mobility and interactivity.”

I summarise by saying that the Government review of media and communications will cover investment in content, including public service content. The review provides an opportunity for all to contribute their views. Given the importance of looking at such matters in the round, it would be unhelpful to address the case for a new definition in isolation through the Bill. On that basis, I am afraid that I cannot commend the Bill to the House.