Matt Hancock
Main Page: Matt Hancock (Conservative - West Suffolk) Digital Economy Bill
Matt Hancock Excerpts(7 years, 2 months ago)
Commons ChamberRead Full debate Read Hansard Text
The Minister for Digital and Culture (Matt Hancock)
I beg to move, That this House disagrees with Lords amendment 1.
Mr Speaker
With this it will be convenient to consider the following:
Government amendments (a) to (c) in lieu of Lords amendment 1.
Lords amendment 2, Government motion to disagree, and Government amendment (a) in lieu.
Lords amendments 3 to 39.
Lords amendment 40, Government motion to disagree, and Government amendments (a) and (b) in lieu.
Lords amendments 41 to 236.
Lords amendment 237, and Government motion to disagree.
Lords amendment 238, and Government motion to disagree.
Lords amendment 239, and Government motion to disagree.
Lords amendments 240 and 241.
Lords amendment 242, Government motion to disagree, and Government amendment (a) in lieu.
Lords amendments 243 to 245.
Lords amendment 246, and Government amendment (a) thereto.
Lords amendments 247 to 289.
Matt Hancock
I am delighted that today we have a final opportunity to scrutinise the Digital Economy Bill and, I hope, get it on to the statute book before the Dissolution of Parliament. The Bill has been widely supported during its passage and tackles head-on some serious issues that many in this House feel strongly about. It will help us to extend digital connectivity, protect children from online pornography and better deliver Government services. The other House has made some amendments to the Bill, so I shall go through them in turn.
Lords amendment 1 challenges the Government to be more ambitious on universal digital connectivity. The universal service obligation forms part of our plan to deliver better connectivity, helping to ensure that everyone gets decent broadband and no one is left behind. However, we have serious concerns about whether the amendment is deliverable. As drafted, it is counterproductive to the implementation of a USO, because of the risk of legal challenge and the delay that that would cause. We are legislating for the USO under the EU telecoms legislative framework, under which a USO is intended to ensure a baseline of services where a substantial majority has taken up the service but the market has not delivered, and where users are at risk of social exclusion.
According to Ofcom’s latest data, in 2016, take-up of ultrafast broadband with a download speed of 300 megabits per second and higher was less than 0.1%, so we are nowhere near being able to demonstrate that the majority of the population have access to full fibre with a download speed of 2 gigabits per second. We therefore cannot accept Lords amendment 1, and we are not in a position of a substantial majority having taken up superfast broadband. I do, however, support the ambition of better, faster, more reliable broadband, so the Government propose an amendment in lieu that requires any broadband USO to set a download speed of at least 10 megabits per second, and requires the Government to direct Ofcom to review the minimum download speed in the broadband USO once superfast take-up is 75%. That gives the assurance that any USO speed will be reconsidered once a substantial majority of subscribers are on superfast.
Lords amendment 2 seeks to tackle a number of issues relating to mobile phones and frustrations about the service we receive. I understand those frustrations—I represent a rural constituency, so am often subject to them—and the Bill is designed to address them through the new electronic communications code, new switching and information powers, the enabling of automatic compensation, and the strengthening of Ofcom’s hand in the interests of consumers. Lords amendment 2 is an understandable reaction to the faults in the market, but it is not the answer, for the following reasons.
First, the requirement to allow customers to roam is unclear, and there are doubts about whether it would work legally, as acknowledged by the Opposition Front-Bench team in the other place. Although superficially attractive, roaming is the wrong solution. It would stymie investment by operators—why would they improve their coverage when a competitor could reap the rewards as their customers roamed on to their network? By contrast, taking roaming off the table in 2014 locked in £5 billion of investment to improve the UK’s mobile infrastructure, and 4G coverage from all operators has grown from 29% to 72% in the past year.
Secondly, the Bill already has greater provision on switching than the Lords amendment would require. That provision concerns operators of all telecom services—including fixed line, broadband and pay TV—not just mobile phones. Ofcom is better placed to ensure that operators adhere to procedures that enable easy and quick switching, thereby compelling operators to improve the level of their service.
Thirdly, the Government intended to look into bill capping in the consumer rights Green Paper, and it is already offered by some providers. Although we cannot accept Lords amendment 2, we can see the benefits for consumers of being offered the choice to limit their bills and avoid bill shock. We have therefore put forward an amendment in lieu that requires providers to make sure that as well as new customers, those with existing contracts have the opportunity to place a limit on their bill. This will not affect any obligations regarding contacting the emergency services, be that by voice call or text message.
We agree with the spirit of Lords amendment 40 and the proposed code of practice for social media platform providers on online abuse. We take the harm caused by online abuse and bullying very seriously. We offer an alternative provision that we think will achieve the intended outcome and which will form part of our work in the next Parliament to tackle serious harms and online threats and improve internet safety. Our amendment in lieu will provide a code of practice that will help to protect the users of online services and set out the behaviour expected of social media companies. The code is intended to give guidance for how social media providers should respond to harmful behaviour such as bullying. Good work is being done by some companies to prevent the use of platforms for illegal purposes and, when it is reported to the police, potential criminal conduct will continue to be liable to investigation, as with any other offence. We already expect social media providers to work closely with law enforcement in relation to potential unlawful activity taking place on their sites.
Other uses of social media might be cruel, upsetting, or insulting, but nevertheless legal. More can be done to tackle online abuse, such as bullying, and the other serious issues that face our children and young people. The code will set out guidance about what social media providers should do in relation to conduct that is lawful but that is nonetheless distressing or upsetting. Our intention is that the guidance will address companies proportionately. The biggest social media companies have recently put in place some improvements to make their platforms safer, but we all agree that they still have some way to go, and the amendment in lieu will help to achieve that.
Lords amendments 237 to 239 would establish a BBC licence fee commission to make a recommendation on the level of the licence fee required to fund the BBC, for a full public consultation on the appropriate level of BBC funding. However, we do not believe it is right for an unelected body effectively to set tax rates. It is a long-established principle that the Government do not consult on the level of taxation, so the amendments are not only impractical but unnecessary.
Lords amendment 242 would extend the public service broadcasting prominence regime for TV to on-demand menus and platforms, and I know it is a favourite of the Opposition Front-Bench team. We recently consulted on this idea and concluded that we could see no compelling evidence to change the regime, but I understand the impulse behind the amendment—to ensure that PSB channels are readily available as technology changes. However, the technologies of broadcasting and internet-based on-demand viewing are completely different, and amendment 242 goes far beyond the current prominence regime because it would extend the regime to content originating from the non-PSB portfolio channels of the commercial PSBs. It also seeks to give absolute prominence to PSB content by removing Ofcom’s discretion in applying prominence rules, and to extend the current definition of an electronic programme guide to include smart TV interfaces, which manufacturers tell us would create the need for bespoke products for the UK market, putting up the cost of a television. Therefore, we cannot accept the amendment, but we do understand the strength of feeling in both Houses on this issue so we have tabled an amendment in lieu of Lords amendment 242 to place a new requirement on Ofcom to report on the ease of finding and accessing PSB content across all television platforms. If Ofcom’s report makes it clear that there is a problem in this area, and one that can be fixed only by legislation, then, assuming that this Government are returned in June, I can commit to bring forward that legislation as soon as possible.
Tom Elliott (Fermanagh and South Tyrone) (UUP)
Just briefly on that particular point, we do not have BT Openreach in Northern Ireland to roll out the broadband; that is carried out by BT itself. Is there any provision for BT in Northern Ireland?
Matt Hancock
The provision in the Bill is to ensure that those whose pensions are protected under the Crown guarantee, which was provided at the privatisation of BT, will be able to retain that protection when they transfer to the separate organisation, Openreach. For those who are not leaving BT Group, there will be no change to their pension arrangements, so they are not negatively affected. Therefore, the provision is not necessary. It is necessary to allow this split to take place without detriment, and without added benefit, to any current BT employee, so that the Crown guarantee continues to operate essentially as it does today.
Further technical amendments have been tabled, including to safeguard journalists from data protection laws when whistleblowing—this was brought to my attention by my hon. Friend the Member for Worthing West (Sir Peter Bottomley) and the hon. Member for Bishop Auckland (Helen Goodman)—and to refine the electronic communications code. That is one of the core measures of the Bill which, for all its technicality, will be a crucial enabler of better connectivity and a driver of the digital economy.
Just before I conclude, let me say that improvements have been made to the Bill thanks to the work of many people on both sides of the House, but—
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
The Minister spoke about missed opportunities. Does he recognise that he leaves this Parliament with data sharing and the rights of citizens over their own data in exactly the same state—if not worse—of chaos and total mess across Departments that was the case when he took up his role, I think just over a year ago?
Matt Hancock
The hon. Lady is usually reasonable and constructive, so a sense of electioneering must have got into her. I am afraid that I do not recognise that description. We have made considerable progress in the Bill on data sharing, but of course the rules around data will have to evolve, not least because European rules will come into force before we leave the EU. Yes, there is more work to do, but I think that she must have had the rosette on a little bit too often recently, given that she is so churlish about the progress in the Bill.
Chi Onwurah
Will the Minister answer the question? Do citizens own and control their own data—yes or no?
Matt Hancock
Well, of course citizens elect the Government, and in many cases the Government are responsible for data. Having democratic legitimacy behind the control of data is critical to a functioning democracy. No doubt we can return to this issue in the future. There are no Lords amendments on that subject, and I consider that the Bill represents significant progress.
I pay tribute to the hon. Member for Sheffield, Heeley (Louise Haigh). She has worked hard on the Bill and made a number of suggestions that we have taken on board. She has been a pleasure to negotiate with and very effective. When I am complimentary about her, she always tells me that I am damaging her career no end, so I hope that she will take my compliments in the spirit in which they are intended.
Louise Haigh (Sheffield, Heeley) (Lab)
The Minister knows that it makes me deeply uncomfortable when we agree on anything, and that also applies to compliments paid from the Dispatch Box, but it is a great privilege to speak for the Opposition today during the closing stages of this Bill. Thanks to the deliberations of hon. Members on both sides of the House, including the Minister, and what I would describe as exemplary cross-party working, the Bill is in considerably better shape than when it was introduced last year.
The Bill still does not go far enough in a number of crucial areas. It represents a missed opportunity to update our infrastructure, skills strategy, finance, the responsibilities of the behemoths of the digital age, and the rights that individuals should have in this era when data is increasingly the currency that matters above all. Nevertheless, there have been some useful changes, and I am grateful to the Minister for his considered exposition of the Government’s position, especially regarding the amendments, with which we are not in dispute.
I will deal briefly with each of the Lords amendments in turn. Lords amendment 1 will increase the USO to superfast levels to ensure that every household and business in the country can benefit from speeds of at least 30 megabits per second. The benefits of that do not need repeating, as we have considered them at length during many debates in the short time that I have served as shadow Digital Minister, and the House is united on the need for much improved broadband speed and reliability across the country. Indeed, I note that the Minister’s constituency has fallen down the rankings for superfast availability during his tenure in his post, so he will be particularly keen to tackle this issue.
Mrs Hodgson
It is a pleasure to follow the hon. Gentleman, who I have got to know very well in our time campaigning on this issue during this and the last Parliament. It is a real delight that we have reached this stage and I rise to speak in favour of Lords amendments 246 and 247 on the resale of tickets. It is with great delight that I welcome the news that the Government accept those Lords amendments and that they will make it on to the statute book before this Parliament dissolves.
It goes without saying that we would not be in this position without the concerted cross-party campaigning to put fans first in this broken market. None of that would have happened without the campaigning by me and others over the years. The list is very long, so I hope that the House will indulge me. It includes the steadfast support received from my own party’s Front Benchers, especially in recent years. The shadow Minister, my hon. Friend the Member for Sheffield, Heeley (Louise Haigh), made an excellent speech today; I sincerely hope that she will be returned so that she can continue in that vein.
Conservative Members have also given support, including, most notably in the last Parliament, Mike Weatherley, the former Member for Hove and Portslade, who I know is a friend of the hon. Member for Selby and Ainsty (Nigel Adams). Mike Weatherley and I founded and co-chaired the all-party parliamentary group on ticket abuse. In recent years, the hon. Gentleman, the hon. Member for Folkestone and Hythe (Damian Collins) and other members of the Culture, Media and Sport Committee, including the hon. Member for Mid Worcestershire (Nigel Huddleston)—I was going to say the gentleman sitting over there wearing a red tie, but that would have made me sound like David Dimbleby—have worked tirelessly on its investigation into the secondary ticketing market. I sincerely hope that the Committee will pick up on the issue again in the next Parliament, so that all of the inquiry’s hard work is not lost. I am sure that that will happen.
I also acknowledge the Minister’s customary good humour and willingness to listen, which, along with the work of shadow Front Benchers in the Lords and those who tabled the amendments, has ensured that we have reached a satisfactory conclusion. I also thank the Secretary of State, who I am pleased to see in the Chamber. More than three years ago, when she was a Home Office Minister, she met me and the former Member for Hove and Portslade to discuss the fraud aspect of this issue. That proves that Ministers have long memories, so such meetings are worth it.
Matt Hancock
In response to a point raised by the hon. Lady and my hon. Friend the Member for Selby and Ainsty (Nigel Adams), we are clear that section 93 of the Consumer Rights Act requires secondary sellers to provide information on ticket restrictions on resale.
Mrs Hodgson
Excellent. I was going to come on to that issue, following on from the hon. Member for Selby and Ainsty. I will have to remember not to press the Minister on it, because he has already addressed it. That is welcome and I am pleased that he has put it on the record.
I also commend the sterling work over many years by colleagues on both sides of the House of Lords. Way back in 1997, the Labour peer Lord Pendry, the then shadow Sports Minister, was the first to coin the phrase “put fans first”, so I cannot claim credit for that, as I did not invent it. He campaigned on the issue way back then, but sadly for him and, indeed, for us, he was not made a Minister in the Government that followed, so he was not able to ensure that this happened 20 years ago. That shows that this day has been a very long time coming.
More recent contributions have been made by Lord Stevenson and Baroness Hayter from the Labour Front Bench, Lord Clement-Jones of the Liberal Democrats and the amazingly talented late Baroness Heyhoe Flint of the Conservatives, who tabled the first relevant amendments in the Lords and who sadly passed away a few months ago. She was a joy to work with. Without this campaign I would never have had the chance to know her and I wish I could have had that privilege for longer.
I also want to give a special mention to the former Sports Minister and Conservative peer, Lord Moynihan, whose renowned tenacity during debates on the Consumer Rights Act 2015 and the wash-up at the end of the last Parliament ensured that we got certain measures on to the statute book. Without him, we would not have progressed to where we are now, as we would still be at base camp waiting for the weather to shift. He has been the most amazing ally and expert in this crusade, and all fans across the country who are not ripped off in the future should know his name and thank him.
Having finished the thank yous, I turn to the business at hand. Lords amendments 246 and 247 will take us one step closer to ensuring that fans are finally put first in the secondary market, something has been sorely lacking for years. At this point, I was going to press the Minister on the point that he has clarified, so I thank him again for doing so. Accepting the Lords amendments is a fitting way to end this Parliament, and I am confident that any residual issues will be picked up quickly once Parliament returns following the general election.
None of us know or can predict what will happen come polling day, but if the good people of Washington and Sunderland West re-elect me, and if other Members present are re-elected by their constituents, I will definitely get right back to businesses and pick up where we leave off today, because there are plenty more issues to continue to campaign on. We have taken one step closer, granted, but we are still far from our cross-party vision of a fair market that ensures that fans are not ripped off.
We need to consider the enforcement of current legislation, such as that which is being investigated by the Consumer Markets Authority, as the Chair of the Select Committee mentioned. We need to support the victims of Viagogo, who, as the hon. Member for Selby and Ainsty mentioned, have been unfairly ripped off by one of the worst players in this market, which, disgracefully, did not attend the Select Committee when called to do so. We should definitely revisit that question to see whether there are ways to force companies that have their head office overseas to come and give evidence in this place. It seems wrong that they can evade that by saying that they are not based in the UK when all their customers are based in the UK. We should also ensure that the Waterson review’s recommendations are implemented fully and effectively. The list of things that we need to put right could go on, but those are just a few of the many issues that must be picked up in the next Parliament.
Tom Elliott (Fermanagh and South Tyrone) (UUP)
I hate to be someone who repeats things, Madam Deputy Speaker, but I think that you were also in the Chair when I made my maiden speech. I hope that that is not a bad omen.
To get back to the Bill, I am at a slight disadvantage compared with other Members who served on the Committee and have a better insight into the Bill. I want to restrict my speech mainly to Lords amendment 1. I found myself somewhat in agreement with the hon. Member for Berwickshire, Roxburgh and Selkirk (Calum Kerr)—we come from rural areas, although his is in Scotland and mine in Northern Ireland, and we find ourselves in fairly similar places on this matter. At one stage, the Minister said that the Bill was unfinished business and I think that he will find that as time goes forward it will continue to be unfinished business. Technology is moving on so fast that we will see more demands, no matter what area that is in. That is my one concern about the Bill; it might not be future-proof. I accept that there is movement in reducing the proposal from 30 megabits per second down to 10 megabits for broadband.
Matt Hancock
I understand that argument, and one reason we rejected Lords amendment 1 was precisely because it was not future-proofed and contained specific figures. The powers in the Bill require Ofcom to review speeds so that as technology advances so too can the expectations and demands of the universal service obligation.
Tom Elliott
I thank the Minister for that clarification, which is useful for someone such as me, who does not have that specific insight. And hey, if we can get 10 megabits per second to all the householders and businesses in Fermanagh and South Tyrone, that is great. It is a huge job of work, as less than 40% of businesses and households in my constituency have access to 10 megabits per second. If we can get to that grade, I say bring it on, and the sooner the better. I want to see businesses flourish. In an area that is very rural, many of the application forms of agriculture now have to be done online. It is a requirement, and we do not have the access to the high-speed broadband needed to do that.
Matt Hancock
I want to put on record my thanks to my hon. Friend, who, like others, has improved the Bill no end through her work. I reiterate that what is illegal offline is illegal online. For online, we have used the Bill to introduce and enforce age verification. Age verification can, of course, take place only online, because it is about stopping people viewing such material online. I therefore think the point that she has just made is taken care of.
As for definitions, we had to use an existing definition but, as I said in my speech, we regard that as unfinished business. We have accepted an amendment that compels the Secretary of State to report, after consultation, between 12 and 18 months after this Bill is enacted. That report will provide the opportunity to take all the research into account and reach a good settlement that has strong support behind it, rather than doing everything in a rush just before the Dissolution of Parliament.
Claire Perry
I appreciate the Minister’s comments, and he neatly anticipates what I was going to say: I have no intention of causing trouble at this stage, because he has assured us from the Dispatch Box and in meetings of his firm commitment to making sure that these definitional questions are resolved in such a way as to enable all parties to support them.