All 4 Lord Wigley contributions to the Digital Economy Act 2017

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Tue 13th Dec 2016
Digital Economy Bill
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2nd reading (Hansard): House of Lords
Wed 8th Feb 2017
Digital Economy Bill
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Committee: 4th sitting (Hansard): House of Lords
Wed 22nd Feb 2017
Digital Economy Bill
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Report: 1st sitting: House of Lords
Wed 29th Mar 2017
Digital Economy Bill
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Report: 3rd sitting (Hansard): House of Lords

Digital Economy Bill Debate

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Lord Wigley

Main Page: Lord Wigley (Plaid Cymru - Life peer)

Digital Economy Bill

Lord Wigley Excerpts
2nd reading (Hansard): House of Lords
Tuesday 13th December 2016

(8 years ago)

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Read Full debate Digital Economy Act 2017 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 28 November 2016 - (28 Nov 2016)
Lord Wigley Portrait Lord Wigley (PC)
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My Lords, the Bill before us today takes significant steps towards a more digitally inclusive future, and I welcome it. I particularly welcome measures relating to pornography, fraud, copyright and disability issues. I pay particular tribute to the work undertaken by the noble Baroness, Lady Howe of Idlicote, on many of these matters. It was good to hear her speak today about them. However, I have some reservations about whether the Bill resolves areas of concern expressed to me by various stakeholders and by constituents of Plaid Cymru’s three MPs on specific matters of this Bill.

I intend to mention four main areas of concern communicated to us, three during the House of Commons stages of the Bill and one thereafter. I will briefly outline them today and return to them in Committee. The first relates to the disproportionate neglect faced by people in rural Wales when it comes to mobile coverage. The second refers to the inability of the Bill to respond to technologically important developments relating to online abuse. The third addresses the limited bilingual services available on government websites. The fourth relates to public sector broadcasting’s prominence rules, which have already been mentioned.

In recent years, demand for voice and data services has grown exponentially. Mobile data traffic across western Europe is predicted to grow sixfold by 2020. Mobile devices are a vital part of modern life, wherever one lives and works. The 2014 deal with mobile companies, trading national roaming for a commitment to 90% coverage by 2017, has served rural businesses and communities particularly badly. Not-spot localities in rural Wales remain at chronic levels, with 4% of homes in Wales without any services from any mobile network operator. Ofcom’s Connected Nations 2015 report identified Wales as the country in the UK with the least 3G signal. Outdoor voice 2G and 3G coverage on A and B roads by all four operators is around just 50%, with only one operator reaching 76%. Rural Wales is hit disproportionately by this not-spot phenomenon, with north Wales in particular continuing to lag behind the rest of the UK. The percentage of premises getting basic voice calls coverage from all the big four networks in 2015 was just 65%, compared with 85% for the rest of the UK. The industry’s requirement to deliver near universal voice and mobile internet coverage underlines the need for new ideas. Clearly, the way in which mobile coverage is failing rural businesses and communities needs to be addressed. The issue of fast broadband availability in rural areas is a parallel concern and is a major consideration in the economic well-being of rural areas. I declare a personal interest as we are so challenged by that matter. My colleagues in the other place tabled amendments that sought to include practical ways of improving coverage in Wales, but they were not debated. I will table amendments along those lines in attempts to rectify this problem, and I hope to engage in a thorough and comprehensive debate in Committee.

The second area of my concern is abusive behaviour on social media platforms. The way in which we communicate with each other and with the world has changed dramatically over the past 10 years, with 37 million social media users in the UK. Last year, the then Education Secretary reported that,

“convictions for crimes under a law to prosecute internet trolls increased eightfold in the last decade, with 155 people jailed”.

Twitter’s top lawyer has himself admitted that the company has been “inexcusably slow” in fighting off vicious online crime. There is no incentive for social media platforms to implement robust processes to deal with criminal online abuse. We must therefore ensure that a statutory requirement is placed on social media providers to do all they can with regard to dealing with criminal online abuse. Plaid Cymru MPs tabled amendments in the other place to give this Bill the ability to hold social media platforms to account for their vital role in tackling the surge of online abuse, much of which is of a criminal nature. The amendments were not given very much attention in the Commons, certainly not as much as they deserved, and I hope to pursue this issue further.

The third matter I want to raise is the lack of bilingual services from English to Welsh on UK websites. Despite gradual gains in language equality and despite a statutory framework being in place following the Welsh Language (Wales) Measure 2011, bilingual services being provided by the UK Government are not advancing in line with technology. Often, services and content are available in Welsh only by specific request for translation, which inevitably deters users and limits access by Welsh speakers. Since the UK Government’s website was centralised into GOV.UK, the situation has substantially deteriorated. This concern has been expressed by Meri Huws, the Welsh Language Commissioner. She has criticised the UK Government for weakening their Welsh language services on the GOV.UK website since its 2012 launch. Following a review of GOV.UK websites and online services, she concluded that access to forms and information in Welsh is deficient and is affecting people’s experience when using the UK Government’s online services. Why should the 700,000 Welsh speakers in the UK be prevented from accessing the content available to English speakers in their preferred language? I intend to table an amendment that will help to ensure that essential communications in Welsh are made as accessible as possible in the Government’s own services as they move online. I will take a reasonable and practical approach to this matter, and will do so building on the concerns of the Language Commissioner, to which I have referred.

There is one final matter that has been raised with me by friends in the BBC and which I want to flag up today and address in detail in Committee. This Bill presents a rare opportunity to modernise public sector broadcasting prominence rules so that they are appropriate for the digital age in which we now live. Currently, there is a requirement for PSBs to have only what is called “appropriate prominence”. While this has generally ensured that that the main PSB channels are high on the listings, BBC1 being at the very top, for example, channels like CBeebies and CBBC do not have such high prominence. This is a particular issue for S4C and BBC Alba, of which I was very much aware when I was a member of the S4C Authority. I also believe that we need to modernise the current system to ensure that it covers on-demand services such as catch-up TV as well as connected TV on-demand menus. This is the way the public, particularly young people, increasingly access public service content. It would add services like BBC iPlayer to the list of those given prominence, as a number of speakers have mentioned in the debate. The BBC’s on-demand services provide a platform for S4C and BBC Alba as well as TV channels such as BBC1 and BBC2. Here I warmly identify with the comments made by the noble Lord, Lord Foster of Bath, in opening the debate.

I shall address all of these matters in greater detail in Committee, but I certainly recognise the merits of the Bill and very much hope that, in an amended form, it will proceed to the statute book.

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Department: Scotland Office

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Lord Wigley Excerpts
Committee: 4th sitting (Hansard): House of Lords
Wednesday 8th February 2017

(7 years, 10 months ago)

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Read Full debate Digital Economy Act 2017 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 80-IV Fourth marshalled list for Committee (PDF, 161KB) - (6 Feb 2017)
Lord Wigley Portrait Lord Wigley (PC)
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My Lords, I intervened briefly on these points at Second Reading and I support at least the principle of Amendment 224, although I would like to query some aspects of the detail. However, it was moved very well by the noble Lord, Lord Wood of Anfield, and I welcome the fact that it brings forward an issue related to the listed events regime that most certainly needs our attention at this point; namely, when the situation is changing so rapidly. If we do not adopt a system that is flexible enough, there is no knowing what difficulties we could get into over the coming years. The amendment offers a straightforward solution to a simple problem, which as I understand it is that by the end of this Parliament there is a real possibility that no PSB will meet the qualifying criteria set out in the listed events regime. The solution lies in this amendment which will update those criteria to ensure that the PSBs are still eligible.

It is no secret, notwithstanding our success in the European soccer cup, that the Welsh are still very big rugby fans. Some 1 million of us enjoyed the Wales-England match in 2015 and indeed 1 million of us watched the Welsh beat the Scots last year. No doubt another million people will be watching on Saturday when Wales plays England. The listed events regime, also known as the sporting “crown jewels”, ensures that some of the most high-profile sporting events can be watched by all for free—from rugby finals and highlights of other rugby matches through to football finals and Wimbledon. I have one slight reservation with regard to using 90% of citizens as a criterion. The public broadcasting channel S4C transmits by agreement a number of listed events, but it certainly does not reach 90% of the population. I wish it did, and no doubt we will get there at some point, but not quite yet.

The point is this: should a PSB suddenly become ineligible to bid for the rights to these great sporting events? It is inevitable that millions of people, particularly those on low incomes such as pensioners, will not be able to afford the pay channels. They will be shut out of the shared experiences that mean so much to everyone in all the four nations of these islands. It is an important issue and an amendment along these lines is needed, if not at this stage, then perhaps one could be drafted for the Report stage. Something ought to be forthcoming so that we can safeguard the position of this regime.

Lord Puttnam Portrait Lord Puttnam (Lab)
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My Lords, I rise to make two observations, one of which makes me feel very old. I worked with the then Prime Minister, Sir Harold Wilson, on looking at the whole issue of free-to-air sporting events in terms of where they penetrated and where they had to be retained. It is interesting to note that last week it was announced that the Six Nations competition is broadcast free to air not only to all the countries involved, but also has the largest live audience for any sport anywhere in the world. So there is no, as it were, collision between the appeal of a sport, the size of the arenas and the number of people attending the events, and the fact that these events are also available on free-to-air television. I sense that sometimes it feels like it might be a trade-off: you have to get the money in or you will not get a sufficient audience. The Six Nations competition is a classic example of something that succeeds at every level.

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Lord Wigley Portrait Lord Wigley
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My Lords, I am delighted to add my support to the amendment, and to thank the noble Lord very much for the work he has put into this. As one who has campaigned on disability issues over the years in another place, alongside certain other colleagues who are in the Chamber tonight, I know that it is vital, in line with the social definition of disability, to make sure that handicap is not caused by the failure of those who can control our environment, whether that be the social, the physical or the psychological environment.

We are talking about creating a social environment in which it is possible for people who could depend so much on, and enjoy so much, the benefits of broadcasting to get that full benefit—provided that the necessary adjustments are made. I was for some years a member of the S4C authority, and I am acutely aware of the challenges of meeting the necessary standards. It is not a cheap option—but, as the noble Lord rightly said, technological changes are taking place that make it possible for translation, both between languages and with sign languages and other means of conveying information, to be done almost automatically, at low cost. Undoubtedly this will be much more available in the future. I hope that we will look at this amendment with an eye to that future, and that we will harness all the technology that may be available, so as to prevent—as I am sure we all wish to do, where we can—a disability becoming a handicap.

Lord Gordon of Strathblane Portrait Lord Gordon of Strathblane
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My Lords, there is a general air of unanimity and approval for this amendment: I think the noble Lord has backed a winner. Any changes that I have in mind I can discuss with him at some point between now and Report, and I am confident that he would probably agree. Reference has already been made to the difference between the linear services—which are already up to speed and are becoming more and more effective, and cost-effective—and some of the online platforms, which are quite complicated. We might need to insert the word “proportionate” into the amendment, but apart from that, I think that everybody in the Committee endorses what the noble Lord is trying to do.

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Lord Low of Dalston Portrait Lord Low of Dalston (CB)
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My Lords, I put my name to this amendment, so I shall speak briefly in support of it. It simply seeks to modernise the prominence regime for our digital age, expanding the existing legislation to cover on-demand services, such as catch- up television, on-demand TV menus and electronic programme guides.

At Second Reading, I shared my own and others’ experience of how frustrating electronic programme guides and user interfaces can be. Navigating them and finding a particular channel can be a particular challenge for people with a sensory impairment. Finding BBC News on electronic programme guides or finding the iPlayer on smart and connected televisions can take a considerable time. Likewise, finding BBC Parliament to allow people to take in your Lordships’ proceedings can be quite difficult—I am assured that people do still attempt to do this.

The Commercial Broadcasters Association has argued that giving public service broadcasting children’s channels extra prominence would create problems for investment in UK children’s content by their members. Moving public service broadcasting channels to higher electronic programme guide positions would mean displacing commercial broadcasting channels, with a detrimental impact on audience share and revenues. This, they say, would ultimately damage investment in children’s content. However, I am advised that greater prominence for public service broadcasters’ channels has a cross-promotional value which ultimately redounds also to the benefit of commercial channels. As I see it, there is no real threat to commercial broadcasters from this amendment.

This is a straightforward amendment which simply seeks to update the letter of the legislation for an increasingly digital age and bring it in line with the spirit in which it was originally conceived. I trust that the Government will see their way to accepting it.

Lord Wigley Portrait Lord Wigley
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My Lords, I am delighted to follow the noble Lord, Lord Low, and to support Amendment 226A, relating to public sector broadcasting prominence, about which I spoke during the Second Reading debate. This Bill presents an excellent opportunity to update prominence rules so that they work as they should in our digital world. Given the amenable response from the Minister on earlier amendments, I hope there will be an equally forthcoming response on this one.

The current legislation, from 2003, places a requirement for PSBs to have appropriate prominence to ensure that the flagship PSB channels, such as BBC1 and BBC2, are prominent on electronic programming guides. However, as I raised at Second Reading, the BBC’s children’s channels, referred to earlier, do not enjoy this prominence and sit below 12 commercial children’s channels on some electronic programming guides. As a former member of the S4C Authority, I know from experience that this is a particular issue for both S4C and BBC Alba. S4C is a vital service for hundreds of thousands of people in Wales who speak Welsh and who want to be able to watch programmes in their own language. This content must be easily available on electronic programming guides and—as I will touch on in a moment—on demand. I believe, quite simply, that PSB content must be prominent, whether it is “Y Gwyll”—an excellent Welsh detective drama series known outside Wales as “Hinterland”, which has been sold to almost 200 countries and shows what it is possible to achieve—or great children’s dramas such as “Wizards vs Aliens”, filmed at Roath Lock in Cardiff.

Perhaps a more recent issue, but nevertheless one which must also be tackled, is the need to modernise prominence rules to ensure that they cover on-demand services, such as catch-up TV and connected TV on-demand menus. As I raised at Second Reading, young people in particular are increasingly watching public service content this way and spending less time watching linear TV. At the same time, finding the iPlayer on connected and smart TVs is getting to be a longer and more arduous process, making it harder to watch programmes—including S4C. I am told that there are more than 100,000 requests for S4C programmes on iPlayer every week, showing just how popular this content is.

Both S4C and MG Alba have stated their support for extending prominence to cover on-demand and catch-up TV. They have issued a statement which I should like to quote:

“The extension of the PSB prominence principle to include the PSBs’ on-demand players is of great and growing importance. Its significance is not only for the future of public service media content and how it is consumed by the public, but it is also particularly vital for the availability of Welsh language content as S4C is the only Welsh language PSB available—serving Welsh speakers throughout the UK”.


It also has a considerable following in parts of the UK outside Wales.

Although this is certainly an incredibly technical area of legislation, I see it as another simple problem with a straightforward solution. Had smart TVs and the iPlayer been common when the original legislation was devised, I have no doubt that they would have been included at that stage. We now have an opportunity to do something about this and I hope that the Government will take it.

Viscount Colville of Culross Portrait Viscount Colville of Culross
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My Lords, I support Amendment 226A. This is an important attempt to future-proof the prominence of PSB channels on electronic programming guides, which is essential if we are going to bring younger audiences to PSB output. As Sharon White, the chief executive of Ofcom, said:

“Public service broadcasting continues to deliver TV that is enjoyed and valued by millions of viewers across the UK.


More people are watching online or on demand, and this presents challenges as well as opportunities for public service broadcasters. They must continue to find new ways of connecting with audiences, and the PSB system needs to evolve to ensure it remains effective in the digital age”.


The prominence of PSB online services has to be safeguarded in the face of what I see as a determined effort by commercial rivals and some manufacturers to downgrade them. These services need to be easily accessible to viewers and, as many other noble Lords have said, they are not covered by the Communications Act.

I draw your Lordships’ attention to two services provided by the BBC online which show how important it is that they should have prominence on any EPG in the future. BBC iPlayer has been an astonishing success, especially for younger viewers and listeners. In June 2016, there were 290 million requests for radio and television programmes to be downloaded—a 9% increase from the previous year. I know, from when I worked on “Horizon”, the BBC science strand, that the overnight ratings would almost double in the following months from people downloading the programme on iPlayer. At the moment, in some cases, it is hard to find this service on the EPGs.

We also have no idea what other on-demand channels will be launched in future by the PSBs. An example of what these might include is the service that is being mooted by the BBC, which it hopes to be able to launch in 18 months’ time, called BBC Ideas. It will bring together the BBC’s output across all platforms—radio, television and online—in arts, culture, science and history. It will place them alongside interesting new ideas from partners in leading arts, science and cultural institutions. The hope is that the audience will have their minds stretched and even thrilled by the interchange of ideas in a place where art meets medical science or where history meets theatrical performance. As things stand, there are many smart TVs and set-top boxes which will not give prominence to services such as these. In some cases, this is because the platform providers are also the content providers. I am sure that in the fast-growing area of smart televisions there will be relationships between television manufacturers and content providers which will favour the latter.

If public money is being spent on PSB online content provision, we have a duty to ensure that, in future, viewers should be able to access this content easily. I urge the Minister to accept this amendment.

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Lord Wigley

Main Page: Lord Wigley (Plaid Cymru - Life peer)

Digital Economy Bill

Lord Wigley Excerpts
Report: 1st sitting: House of Lords
Wednesday 22nd February 2017

(7 years, 10 months ago)

Lords Chamber
Read Full debate Digital Economy Act 2017 Read Hansard Text Amendment Paper: HL Bill 102-I(Rev) Revised marshalled list for Report (PDF, 106KB) - (21 Feb 2017)
Lord Fox Portrait Lord Fox (LD)
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My Lords, I associate myself with, and support, Amendment 1. The noble Lord, Lord Mendelsohn, covered it comprehensively and I do not want to go over the same territory.

In his opening speech in Committee, the Minister correctly hung his hat on delivering world-class digital connectivity. We can all subscribe to that. There was no doubting the mood of noble Lords in Committee, and certainly no doubting the mood of the country given that we are some distance from being world class in that regard. The objective of this amendment is to help move us along that road. At the time, the Minister associated the Government with the gigabit objective of the noble Lord, Lord Mendelsohn, while firmly ruling it out as a USO objective. The Minister has the notion that we should rely on Ofcom to set the target, that we should rely on a public consultation, and that, eventually, a USO will emerge. In the Minister’s view, this House is not expected to advise Ofcom on where that USO should be set. We disagree with that, because, once the USO is established, it will be trimmed, edited and manipulated. Then, no doubt, the debates will begin among the service deliverers about what exactly the USO means.

We have already seen the length and byzantine nature of the debate that can unfold when Openreach and BT start to discuss matters. We have only to look at the protracted ownership debate that continues unabated. That lengthy discourse will lead only one way; it will trim and pull back from whatever USO Ofcom establishes. For this reason we believe that Ofcom’s hand needs to be firmed up. It needs support and we must strengthen its hand in dealing with what is essentially a monopoly and very experienced public sector supplier. Therefore, this amendment is designed to support Ofcom to take the steps needed on the way to delivering the world-class digital network to which we aspire. That is why we think it should be accepted.

Proposed new subsection (2B) in the amendment contains a medium-term objective which the Minister has endorsed. We need to move towards gigabit connectivity. That will drive increased fibre-to-the-premises connection. Proposed new subsection (2BA) sets a difficult yet achievable goal for 2020 which Ofcom itself has modelled, as the noble Lord, Lord Mendelsohn, set out. It is important to have both those objectives because one can be the enemy of the other unless they are both included in the Bill. We cannot second-guess the country’s future need but we can be certain that it will be more than 10 megabits. We must be in a position to assist Ofcom in establishing a USO that can begin to deliver the needs of this country. It is for that reason that we support Amendment 1.

Lord Wigley Portrait Lord Wigley (PC)
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My Lords, I declare an interest immediately, because in both my household and my neighbour’s household we have had immense problems in securing adequate speeds. I referred at earlier stages to some of these difficulties.

I very much support both Amendments. Amendment 1 states that,

“by 2020, the following will be available in every household”,

and the list includes,

“download speeds of 30 megabits per second”.

This is absolutely necessary, because under the present provision, the providers just are not willing to do that. They are willing to rest their case on the fact that it is too expensive to run the necessary connection to a household, not just in far-flung rural areas but in conurbations and villages. I am within half a mile of the main exchange and within 200 metres of a box. However, because of the way they have laid out the connectivity sequence, we cannot get decent speeds. It is irritating that the excuse can be used that it is too expensive to provide a connection.

I assume that if there was a legislative requirement along the lines laid out in the proposed new subsections in Amendments 1 and 2, that would be overcome. If the Government are not willing to accept these amendments, I would be interested to know what response they would give to people who are facing this difficulty. It is not a technical impossibility, just too expensive. I was on the committee which dealt with the privatisation of telephones, with the late John Golding and others—it took a considerable amount of time to go through—and assurances were then given that of course, the responsibilities that had been on public bodies would be continued. I accept that, to a large extent, BT has done that. However, safeguards are needed, particularly in rural areas, and I would be grateful if the Minister said how he will cover that if he cannot accept these amendments.

Lord Maxton Portrait Lord Maxton (Lab)
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My Lords, I fully support these amendments, although they use the term “United Kingdom”. I would like the Minister to say what powers the Scottish Parliament in particular and the other devolved Parliaments have in this matter. BT has a monopoly on laying the cables, but it often has to do it down roads and across private land, particularly if no telephone line already exists. Some 90% of the islands that are a part of the United Kingdom are off Scotland’s shores, and BT has to lay cables right the way across the sea—and at the moment, they are telephone cables, not high-fibre cables. What is the responsibility of the Scottish Parliament and the other devolved Parliaments in all this?

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Lord Wigley

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Report: 3rd sitting (Hansard): House of Lords
Wednesday 29th March 2017

(7 years, 8 months ago)

Lords Chamber
Read Full debate Digital Economy Act 2017 Read Hansard Text Amendment Paper: HL Bill 102-III(Further Rev) Further revised third marshalled list for Report (PDF, 183KB) - (27 Mar 2017)
Lord Birt Portrait Lord Birt
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My Lords, some time in the mid-1990s, I drove to west London to Sky’s warehouse-style offices to be given the first privileged sighting to an outsider of the then embryonic Sky guide and set-top box. I was enormously impressed. In simpler times, it was very innovative and very helpful to the television viewer. Some decades later, not only Sky’s but other guides appear frankly antiquated, and the whole EPG needs modernising very fundamentally. It is not of the digital age; it is hard to navigate and is miserably slow to search. You cannot personalise it, and the Channel 4 and ITV channels are not bundled together conveniently. I have tried very hard to remember where BBC1 HD is, but I have completely failed; I search for it endlessly and spend many wasteful minutes before I find it.

In an ideal world, we would have competing EPGs, and we would have contemporary innovation if we did. We need a much faster user interface than the clunky one that we have now. Plainly, it is no longer right to have EPG providers also being the main channel and service providers themselves. There is a conflict of interest; others have spoken of this. It is not right and at some point it should be ended. I favour a much more fundamental review of EPGs than is being discussed now—but, in this less than ideal world, we simply must protect the PSBs, and I support the amendment.

Lord Wigley Portrait Lord Wigley (PC)
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I shall not repeat the comments that I made in Committee on this matter. I thank the noble Lord, Lord Wood, for introducing the amendment, which I certainly support. Two areas have been touched on already. The first is very close to my heart—the position of S4C in Wales and the Gaelic channel in Scotland. It is enough of a fight to try to ensure that there is language promotion and continuation without the struggles of going through reams of channels before reaching them. I accept entirely that some channels, such as Virgin, give the viewer an option to create their own priorities, but many viewers will either not have the drive or sometimes even the ability to use that facility in the way that it should be used. It may interest noble Lords to know that more people watch the Welsh language news on S4C than watch “Newsnight” in Wales. The language is thriving, but it needs to be equally accessible to the prime channels that are available on a UK basis.

My second point is on children. As a grandfather with five young grandchildren, I was amazed at the speed with which they could navigate their way to where the channels they wanted were located. But in doing so, they went through a whole plethora of other channels, which I was very glad that they skipped over quickly. We need to be able to help parents who need to safeguard their children from matters that they are too young to watch. For both those reasons, I very much support the amendment.

Lord Ashton of Hyde Portrait Lord Ashton of Hyde
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My Lords, public service broadcasting prominence on the EPG is an issue that has come up at every stage of the Bill in this House, and Amendment 33ZG does so for this stage. The Government recognise the high-quality programming of our PSBs and their importance for maintaining the thriving and healthy UK broadcasting sector. We also recognise the strength of a mixed broadcasting ecology that features commercial broadcasters as well as commercial and non-commercial PSBs. We are showing our support for them in two ways that we have already debated: first, in the government amendment on listed events and, secondly, in our support of the noble Baroness, Lady Benjamin, in respect of children’s television. Thirdly, although this is not in the Bill, we have announced that Channel 4 will not be privatised.

Our clear policy of supporting PSBs is why the Government gave considerable thought to the issue of the EPG prominence regime during the balance of payments consultation, the response to which was published last year, before this Bill reached this House. Our conclusion was that we had not seen compelling evidence of harm to PSBs to date and we decided not to extend the EPG prominence regime for PSBs to their on-demand services. This absolutely remains our view, and is supported by evidence, such as the success and continued growth in the popularity of the BBC iPlayer, which has no prominence at all and saw a record 304.2 million requests for TV programmes in January 2017—double the rate of five years ago. After the iPlayer, what are the most watched on-demand services in the UK? The answer is the ITV Hub and All 4, neither of which are currently subject to prominence requirements.

Additionally, PSB on-demand players already occupy the most prominent positions in the on-demand sections of major TV platforms such as Sky and Virgin. Why is that? Platforms make them prominent because they need to react to viewers’ preferences. It takes, for example, a mere four clicks to get to the iPlayer from Sky Q’s home page. As I stated during the last debate, when PSBs make excellent content, audiences will find it, whether it be catch-up or live content. A good example is children’s PSB channels, of which many noble Lords have spoken. CBeebies and CBBC are the most watched children’s channels by a considerable distance—which shows that there are no problems for audiences in finding these channels. The content is easily accessible on demand within the iPlayer itself.

Micromanagement of how audiences need to be guided through menus and sub-menus cannot be the answer when the technological landscape is shifting quickly. The fact is that platform operators respond to consumer feedback and needs in developing their products; therefore future developments in the EPG will be customer driven, not driven through legislative change. Further, it has been suggested by technology companies that, if this requirement was enforced, it would create a need for bespoke products in the UK. For example, smart TV manufacturers’ user interfaces are developed with a global market in mind, but a separate product would need to be developed for the UK market.

Rather perversely, the amendment goes far beyond the prominence which Parliament has afforded to linear PSB channels, because it would give prominence to the PSBs’ on-demand programme services, which include not only PSB content from commercial PSBs but also content originating from their non-PSB portfolio channels. We do not think that that is justifiable.

I confirm to noble Lords and to viewers who have found the BBC Parliament channel—the noble Viscount, Lord Colville, mentioned this, too—that, if this amendment is not agreed, the existing PSB regime will remain as it is today. People will still be able to switch on their ordinary TVs and find BBC1 and BBC2 at the top. But, if it is agreed by the House, it will remove Ofcom’s discretion to require the prominence it considers appropriate for the linear regime; it will micromanage Ofcom’s guidance; it will extend PSB privileges to non-PSB content; and it will affect worldwide manufacturers, many of whom operate in the UK, putting up prices for UK consumers—all against a background where iPlayer, ITV Hub and All 4 are already the most watched on-demand services. I therefore hope that the noble Lord will withdraw his amendment.