BBC White Paper Debate

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BBC White Paper

Maria Eagle Excerpts
Wednesday 8th June 2016

(7 years, 11 months ago)

Commons Chamber
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Maria Eagle Portrait Maria Eagle (Garston and Halewood) (Lab)
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I beg to move,

That this House believes that the Government’s White Paper on the BBC fails to provide an acceptable basis for Charter renewal; notes the threat the White Paper poses to the editorial and financial independence of the BBC; expresses concern about the re-writing of the BBC’s founding mission statement; further notes the concerns about the White Paper expressed by Members of this House and the House of Lords; and calls on the Government to reconsider the proposals contained in the White Paper.

The new BBC charter will form one of the legacies of the Secretary of State for Culture, Media and Sport, for good or ill. I say that not by way of making any predictions at all about the right hon. Gentleman’s immediate political future as a Cabinet Minister post-EU referendum in the Prime Minister’s revenge reshuffle, but simply by way of drawing attention to what is a fact of life for all Culture Secretaries who oversee the renewal of the BBC charter during their time in office.

The BBC is a revered, trusted national institution to which we all contribute, of which we can all be proud, and on which we all rely for much of our quality programming. In addition, it is admired around the world. It enables us to project the United Kingdom’s influence and soft power across the globe. It is at the heart of our much-admired public broadcasting ecology. It helps to facilitate and nurture our creative industries and talent. Charter renewal provides an opportunity for it to be supported and nurtured, rather than denigrated and diminished.

Unfortunately, I do not believe that the White Paper produced by the Secretary of State rises to that challenge. I fear that it is, in fact, intended to diminish the scope and effectiveness of the BBC. Although it does not contain some of the wilder and more lurid proposals briefed by the right hon. Gentleman’s Department to Conservative-supporting newspapers ahead of its publication, it contains measures which may undermine the BBC’s editorial and financial independence, and which may, during the charter period, be used to chip away at the things that make the BBC the great British institution that it is. Furthermore, it is clear from the consultation responses that the public do not support the direction in which the White Paper proposes to take the BBC. I intend to mention some of those responses today, and to ask the Secretary of State to think again about some of his proposals.

The BBC’s editorial independence is one of the most important requirements of its future success. It must be protected at all costs, and there must be no suspicion that the Government of the day can influence the BBC board in any way. The White Paper’s proposal for BBC governance is among the most important of all its proposals. According to the Government’s own consultation, three quarters of the public want the BBC to remain independent, while 56% believe that it is the broadcaster most likely to produce balanced and unbiased news reporting. That compares with 14% for ITN News, 13% for Sky News and 13% for Channel 4 News. The public really do value the editorial independence of the BBC.

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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I am loth to stop the hon. Lady when she is in full flow, but I wonder whether she has seen the results of a Government survey of views on the BBC from throughout the United Kingdom. If so, she will have learned that the highest levels of dissatisfaction were found in Scotland. Does that not suggest to her that we need to address this issue creatively? Has not the time now come for the establishment of a federal BBC throughout the United Kingdom, and the introduction of a “Scottish Six” service produced and directed from Scotland?

Maria Eagle Portrait Maria Eagle
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I understand the hon. Gentleman’s focus on matters Scottish, and, of course, I respect the fact that he has views on what policies should be used to address those matters. I do not myself believe that the policy prescriptions that he has just suggested represent the only or, indeed, the right way forward, but I do agree with him that the BBC should be better able to reflect the nations and regions of this country in the way in which it produces news and other programmes. I think that some of the proposals for increasing diversity and devolving production and power in the BBC will gain support across the House, but the question of precisely how that should be done in Scotland is not one on which we would necessarily agree.

No one in the House, I hope, wants to see the BBC become a state broadcaster, or have arrangements for governance that give the impression that it is one. The Government must ensure that there is no question of Government influence on editorial decision-making, but there are serious fears that these plans provide too much power for the Government to exert day-to-day influence on the BBC‘s editorial decision-making.

Damian Green Portrait Damian Green (Ashford) (Con)
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Will the hon. Lady give way?

Maria Eagle Portrait Maria Eagle
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I will in a moment, because I know that the right hon. Gentleman has had some important things to say about this matter.

The director-general has said that there are honest disagreements between Ministers and the BBC on how best to protect and enhance BBC independence. He is a diplomat.

Damian Green Portrait Damian Green
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I share the hon. Lady’s passion for BBC independence. As a former BBC journalist, I have been on both sides of these various arguments in my time.

The hon. Lady rightly quoted figures that demonstrated all the audience satisfaction with and public support for the BBC—which, as she knows, I share—but her basic position seems to be that the Government’s proposals in some way undermine its fundamentals. Let me gently point out to her that among those who welcomed the Government’s proposals was the BBC itself. The BBC does not feel that it is being undermined, so why does the hon. Lady think that it is being undermined?

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Maria Eagle Portrait Maria Eagle
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I understand the point that the right hon. Gentleman is making, but I think that when the BBC’s future for the next 11 years is to be decided by the Government of the day, it should not be surprising that it may well agree in public with almost anything that the Government of the day say. Whether or not that is a true reflection of what is going on behind the scenes is another matter.

Sammy Wilson Portrait Sammy Wilson (East Antrim) (DUP)
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Does the hon. Lady not accept that the BBC welcomed the proposals because it had got off lightly? It will continue to be funded publicly for the next 11 years, and will be able to persist in its wasteful practice of spending money in a cavalier manner with very little input and curtailment from the Government.

Maria Eagle Portrait Maria Eagle
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I do not agree with that analysis.

The proposed new unitary board will run the BBC. In his statement on the White Paper in the House on 12 May, the Secretary of State suggested, in effect, that the new board would be like the BBC Trust but without its current regulatory functions, which would go to Ofcom, but in my view that stretches credulity. Page 51 of the White Paper states:

“The board as a whole will have responsibility for setting the overall editorial direction and the framework for editorial standards.”

There is to be only one board instead of two, and that unitary board will run the BBC in all meaningful senses. The Secretary of State plans to enable Ministers to appoint up to half the new board members, including the chair and deputy chair. That creates an unprecedented power for the Government directly to influence those who are responsible for editorial matters at the BBC.

Nigel Huddleston Portrait Nigel Huddleston (Mid Worcestershire) (Con)
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I thank my right hon. Friend for giving way. Page 50 of the White Paper clearly states that the appointment of the chair

“will be subject to a confirmatory hearing before the Culture, Media and Sport Select Committee”,

and that the appointments of other members of the board will be subject to discussions with the Governments of Scotland, Wales and Northern Ireland. Is the hon. Lady not satisfied with that?

Maria Eagle Portrait Maria Eagle
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I am grateful to the hon. Gentleman both for promoting me to the Privy Council and for suggesting that I might be a member of the Tory party, which was probably going a bit too far.

It is, of course, true that some safeguards are implied in the proposals, and that is to be welcomed, but how the proposals look is also important to those outside. I think that simply reiterating that the director-general is the editor-in-chief does not really allay the fears created by the Secretary of State’s plans. I also think that his recent record in respect of public appointments does not reassure those of us who are worried. When the independent panel that was established to appoint a trustee to the National Portrait Gallery failed to shortlist his five favoured candidates—three of whom were Tory donors and one of whom was an ex-Minister—he simply scrapped the appointments process, and attempted to impugn the integrity of the chair of the panel. This prompted a furious slap-down from the now-retired Commissioner for Public Appointments, who accused him of exercising political interference in a supposedly objective public appointments process. We only know about this debacle because Sir David Normington’s letter was leaked.

Members on both sides of the House have expressed concern about the implications of the White Paper for the BBC and its editorial independence. The right hon. Member for Ashford (Damian Green) might have had his concerns allayed, but he has described editorial independence as a red line. The Culture, Media and Sport Committee Chairman said as recently as yesterday that the plans had prompted “a lot of concern”, and the Voice of the Listener and Viewer has said that

“there remain a number of concerns relating to independence”.

It is still not too late for the Secretary of State to make it clear that the appointments to the new unitary board will be made through a demonstrably independent means and that he will not seek to influence the outcome of the process. Indeed, it would benefit him if he were to do that. Why does he not undertake today to agree that the Commissioner for Public Appointments should run the process of appointing the board members, and restrict his own power to appointing those people who have been selected through such an independent process? He really needs to provide proper reassurance, and he can do so. Such an undertaking would be heartily welcomed across the House.

Ofcom will have a new role setting service licences and quotas for the BBC. It is important that this regulatory regime should not be used to interfere with the editorial and creative freedom of the BBC to use licence fee payers’ money to produce the programming it decides to produce. There must be no efforts from the Government to pursue the wilder proposals on scheduling and so-called distinctiveness that did not, in the end, find their way into the White Paper. We will seek assurances that Ofcom’s role in this respect will not impact unduly on the BBC’s editorial independence or be a weapon to be used by the Government or the BBC’s commercial rivals to interfere with the BBC’s creative freedom.

The BBC must be seen to retain its financial independence as well as its editorial independence. In that respect, the explicit statement on page 97 of the White Paper that

“the licence fee is not solely for the use of the BBC”

is deplorable, and could impinge on the BBC’s financial independence. I am glad that there is to be no more top-slicing of the licence fee. That would have constituted a breach of last year’s funding agreement—of which the House knows I have been critical in any event—between the BBC and the Government. The White Paper proposes the creation of a contestable pot of licence fee payers’ money, worth £20 million a year over three years. This sets an unwelcome precedent. Governments of all stripes have been too keen in recent years to see the licence fee as money for the Treasury to allocate to its own priorities. I believe that licence fee payers’ money should properly be seen as belonging to the BBC to enable it to fulfil its remit. It should be for the BBC to decide how it wishes to do that, not for the Secretary of State or the Chancellor of the Exchequer.

The Secretary of State has said his Department will consult on this proposal. If the consultation responses are against establishing the contestable pot, will he undertake to drop the idea? Will he tell us today when his consultation will start and when he intends it to finish? Can he confirm that the same levels of transparency and accountability that apply to BBC funding will be applied to this contestable pot if his pilot goes ahead? Has he considered the fact that this could be categorised as state aid if it is given to other broadcasters to use, as he no doubt intends?

We agree that the BBC should be as transparent and accountable as possible in relation to the licence fee payers’ money that it spends, so we support the idea of the National Audit Office being allowed to investigate the publicly funded areas of the BBC. However, allowing the NAO to audit the BBC’s commercial operations, which are not in receipt of any licence fee payers’ money, could place those operations at a significant market disadvantage. What argument is there for doing that? The commercial operations of museums, for example, are not open to the NAO scrutiny, and I know of no organisation in the private sector that receives public money that is subject to NAO scrutiny.

Failure to get this right could have the effect of reducing returns for BBC Worldwide, thereby limiting the extent to which the BBC is able to subsidise the licence fee through its commercial operations. The money that it makes from BBC Worldwide operations currently amounts to more than 12.5% of the BBC’s entire content budget, which would save licence fee payers the equivalent of more than £10 each if the licence fee had to be increased to cover a shortfall of that amount.

John Pugh Portrait John Pugh (Southport) (LD)
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The hon. Lady is a former member of the Public Accounts Committee, as indeed am I. She will be aware that the Committee has a long-standing issue with the BBC in relation to parliamentary accountability. Is she in favour of an increase in that accountability?

Maria Eagle Portrait Maria Eagle
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That is going back a bit, but I am indeed a former member of the Public Accounts Committee, and that is one of the reasons that I have very high regard for the abilities of the National Audit Office. I have no problem with the NAO being the auditor of the BBC, but there is an issue with its being the auditor of the BBC’s purely commercial operations. Is it really appropriate for the NAO to pursue entirely private money that has nothing to do with public funding? If this goes ahead, it will set an interesting precedent. I want to hear from the Secretary of State why he thinks this might be appropriate. I want to hear his arguments for doing it, because I think that there could be difficulties.

I am also concerned about the imposition of a mid-term health check on the new charter. It seems suspiciously like the break clause—which the newspapers were briefed that the Secretary of State wanted—by another name. We welcome the fact that the charter is to last for 11 years, and it should not be compromised or have the agreement that underpins it reopened by the back door during that period. I am concerned that the so-called health check—the break clause by another name—will be destabilising for the BBC and create uncertainty, which will not be helpful. Page 58 of the White Paper states:

“It will be for the government of the day to determine the precise scope”—

of the health check—

“consulting the BBC’s unitary board and Ofcom”.

So, the Government could decide, were they so minded, to reopen such questions as whether the licence fee belongs to the BBC or should be given to other broadcasters, the extent of the contestable pot, whether the licence fee is indeed the right form of funding, and any number of other things that would in effect reopen the charter settlement.

The Secretary of State told the Culture, Media and Sport Committee yesterday that this was not his intention. He now has an opportunity to guarantee, in the charter and the agreement he makes with the BBC, that any such process will have the narrowest possible focus and cannot be used to reopen the fundamental tenets that underpin the charter halfway through its term. We need reassurance, in other words, that it will not be a five-year charter in all but name.

I know that Members raised this issue when the White Paper was published. The hon. Member for Bexhill and Battle (Huw Merriman) pressed Ministers for more detail on this point immediately after its publication. In the other place, the Conservative Lord Fowler has questioned the plan to have such a review, arguing that these functions should be left to a

“strong board of independent directors”.—[Official Report, House of Lords, 12 May 2016; Vol. 771, c. 1825.]

He stated that those directors should be allowed to run the BBC “without interference”, and I find myself agreeing with him. Can the Secretary of State confirm today that the health check—if he decides to persevere with it—will be able to recommend proposals to be included only in the subsequent charter, rather than being used to compromise the BBC’s independence midway through the charter term we are about to embark on? Will he reassure the House, especially Opposition Members, that it will be set in the narrowest possible terms?

The BBC’s core Reithian mission to “inform, educate and entertain” has worked well for over 90 years. It is the foundation on which the corporation’s success has been built. There has always been a virtue in the clarity provided by the simplicity of the current mission statement that has stood the BBC in good stead, so why is the Secretary of State determined to alter the substance of the mission statement to include

“an explicit requirement to be distinctive, high quality and impartial”?

What exactly do the Government mean by “distinctiveness”? It is one of those words that can mean all things to all people. It certainly means something different to him than it means to the BBC or members of the public. Page 32 of the White Paper defines distinctiveness as:

“A requirement that the BBC should be substantially different to other providers across each and every service”.

That hardly pins it down. Ministers must allay the concerns that this could be interpreted as the BBC being forced to withdraw from anything its commercial rivals wish it was not doing, for their own commercial gain.

The Secretary of State has questioned the distinctiveness of some of the BBC’s most popular programmes, such as “Strictly Come Dancing”. The White Paper states on page 71:

“The government is clear that it cannot and indeed should not determine either the content or scheduling of programmes.”

However, it also sets out prescriptive content requirements for radio and TV. To take one example for TV, it demands on page 38:

“Fewer high-output long-term titles.”

He seems to be telling the BBC to stop producing much-loved shows, such as “Countryfile”, “Casualty” and “Doctor Who”, that happen to have been produced for many years. What reassurances can he give that he will not simply require Ofcom to make the BBC back off doing things he does not like, on the basis of those extremely prescriptive requirements?

Sammy Wilson Portrait Sammy Wilson
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I do not think that anyone wants the BBC to be unable to make popular programmes, but does the hon. Lady accept that companies such as ITV have a valid point when they say that the money that is available to the BBC every year through the licence fee gives it an advantage in the ratings war and in buying in programmes that help it in that ratings war?

Maria Eagle Portrait Maria Eagle
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I think that competition between private and commercial broadcasters and public broadcasters in this country on the basis of high-quality programming benefits all sectors, the British public and our creative industries. I do not accept that the BBC being able to make good-quality programmes, perhaps over an extended number of years, somehow compromises the capacity of the rest of our broadcasting and TV industry to do similar things. It gives us a better, bigger, richer broadcasting ecology.

If the Secretary of State, who is a free marketeer by instinct, wishes to intervene by micromanaging the public sector elements of our broadcasting industry, he is making a very big mistake, as well as turning into a statist, interfering Minister who should leave our broadcasters to get on with the job that they do so well, particularly those who work in the BBC.

Dawn Butler Portrait Dawn Butler (Brent Central) (Lab)
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My hon. Friend talks about the Secretary of State micromanaging the BBC. Is she as disappointed as I am that, although there is a lot of micromanagement, there is not much micromanagement to make sure that there is more diversity at the BBC in respect of its programmes, producers and so on?

Maria Eagle Portrait Maria Eagle
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I agree with my hon. Friend that the BBC needs to do more on diversity. To be fair to the Secretary of State—I want to be fair to him, of course—he is concerned about that too. It is perfectly reasonable to expect the BBC to achieve results. The difficulty is when Ministers start telling it precisely how it should achieve those results. That is when we run into difficulties. It is perfectly reasonable, as he has said, to expect the BBC to do better in that regard. I think we all expect that.

We should be in no doubt about the scale of the public’s support for the BBC. Some 192,000 people participated in the public consultation on the charter, which is the second largest response to a Government consultation ever. More than four fifths of the responses indicated that the BBC is serving its audiences well; 66% indicated that the BBC has a positive wider impact on the market; and approximately two thirds indicated that BBC expansion was justified, rather than its diminution. Although the public’s overwhelming support for the BBC cannot be in any doubt, the Secretary of State should recall that there is concern about some of the Government’s proposals. For example, 62% of over-60s are suspicious of the Government’s intentions towards the BBC.

I hope that the Secretary of State will consider fully the widespread concerns among the public, industry professionals and parliamentarians about his proposals, and take steps genuinely to change them to reassure those of us who care about the future of the BBC over the next charter period. If he does so, he will be able to look back on his time in office as Secretary of State for Culture, Media and Sport knowing that he boosted the BBC. If he does not, I believe that his legacy will be seen as rather more disruptive.