(6 years, 10 months ago)
Commons ChamberI am here in my capacity as the quasi-judicial decision maker on the proposed merger between 21st Century Fox and Sky to update the House on the interim report issued today by the Competition and Markets Authority.
The decision-making role is one that my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley) discharged, having met her commitment, which was given many times in this House, to the greatest possible transparency and openness allowed by the process. Although I come fresh to this, I intend to follow that approach of being as open as possible while respecting the quasi-judicial nature of the decision.
As the House well knows, after the proposed acquisition was formally notified to the competition authorities last year, my right hon. Friend issued an intervention notice on media public interest grounds, namely of media plurality and the genuine commitment to broadcasting standards. That triggered a phase 1 investigation, requiring Ofcom to report on the specified public interest grounds and the CMA to report on jurisdiction.
Having received advice from Ofcom and the CMA, in September 2017, my right hon. Friend referred the proposed Sky/Fox merger to the CMA for a phase 2 investigation on both grounds. The original statutory deadline for the final report was 6 March 2018, but the CMA has today confirmed that it will be extended by a further eight weeks and that the revised deadline is 1 May.
Once I have received the final report, I must come to a decision on whether the merger operates or may be expected to operate against the public interest, taking into account the specified public interest considerations of media plurality and genuine commitment to broadcasting standards. Following receipt of the final report, I will have 30 working days to publish my decision on the merger, so if I receive the CMA’s report on 1 May, I will have until 14 June to publish my decision.
To be clear, the publication today is of the CMA’s provisional findings. I have placed a copy in the Library. On the need for genuine commitment to broadcasting standards, the CMA provisionally finds that the merger is not expected to operate against the public interest. On media plurality grounds, the CMA’s provisional finding is that the merger may be against the public interest. It cites concerns that the transaction could reduce the independence of Sky News and would reduce the diversity of viewpoints available to, and consumed by, the public. It also raises concerns that the Murdoch family trust would have increased influence over public opinion and the political agenda.
The CMA has identified three remedy approaches and seeks views from interested parties on them. The remedy approaches are: first, to prohibit the transaction; secondly, to undertake structural remedies—to recommend either the spin-off of Sky News into a new company, or the divestiture of Sky News—and thirdly, behavioural remedies, which could include, for example, enhanced requirements relating to the editorial independence of Sky News.
The CMA recognises that the proposed acquisition of Fox by Disney could address concerns set out in the provisional findings. However, the uncertainty about whether, when or how that transaction will complete means that the CMA has also set out potential approaches that include introducing remedies that would fall away subject to the Disney-Fox transaction completing. The CMA has invited written representations on the provisional report’s findings, and the potential remedy approaches, with 21st Century Fox, Sky and other interested parties, before producing a final report.
As such, and given the quasi-judicial nature of the process, I hope that the House will understand that I cannot comment substantively on the provisional report and must wait for the final report before commenting. However, I am aware of the keen interest across the House in this important matter, and I know that Members will be closely scrutinising the CMA’s provisional findings and will have views on them. The CMA’s investigation will continue in the coming weeks. It has set out the process for making representations on the remedy options outlined, and on the provisional findings, with deadlines of 6 and 13 February respectively. I am sure that today’s debate will provide helpful context for that work.
What I am able to confirm today is that I will undertake to keep the House fully informed and to follow the right and proper process, considering all the evidence carefully when the time comes to make my decision on receipt of the CMA’s final report. I commend this statement to the House.
I thank the Secretary of State for advance sight of his statement. This proposed merger has gone on for longer than the Murdochs ever expected, and for that I want to pay tribute to the Secretary of State’s predecessor, the right hon. Member for Staffordshire Moorlands (Karen Bradley). She could have done what the Murdoch family expected by clearing a path for the bid to go ahead, but she took her quasi-judicial responsibility seriously. I hope that the new Secretary of State will have as strong a regard for his responsibilities and for the public interest as his predecessor. I can assure him that if he does the right thing, he will have the support of the Opposition.
The CMA says that if the Sky/Fox merger went ahead as proposed, it would be against the public interest. It would result in the Murdoch family having too much control over news providers in the UK, and too much influence over public opinion and the political agenda. Does the Secretary of State accept that assessment?
The CMA says that it is not concerned about the proposed merger on broadcasting standards grounds, but in order to reach a proper assessment of that we need to look at corporate governance issues through part 2 of the Leveson inquiry. The Government have not yet published their response to the consultation on that, so can the Secretary of State tell the House when they intend to do so, and will he give us plenty of notice?
The previous Secretary of State said last June that she was minded not to accept undertakings offered by Fox and Sky that were intended to safeguard the editorial independence of Sky News, which they put forward to mitigate Ofcom’s media plurality concerns. Does the new Secretary of State share his predecessor’s view of those undertakings? In November, Sky threatened to shut down Sky News if it proved to be a plurality obstacle in its bid. Will the Secretary of State reject any attempt by the Murdochs to blackmail him or the regulator by threatening Sky staff?
Just this weekend, “friends” of the Secretary of State were quoted in the newspapers as hinting at the outcome of a separate Department for Digital, Culture, Media and Sport review of gambling stakes and prizes. Will he undertake, in his quasi-judicial role, not to speak to his “friends” about his views on the takeover, and to discourage them from talking to the press about them?
When the Prime Minister took office 18 months ago, she stood on the steps of Downing Street and spoke directly to the country, saying:
“When we take the big calls, we’ll think not of the powerful, but you”.
This ambitious, thrusting new Secretary of State now has the opportunity to put her words into action. He can stand up to the rich and powerful, stand up to the Murdochs and act in the public interest. I hope that he will do the right thing.
I think that is the most cheerful response I have had from the hon. Gentleman, so I thank him for that. I will try to answer his questions in as much detail as possible. He asked a number of questions about the process. I am clear that we will follow due process; we will follow our statutory responsibilities and respect the quasi-judicial nature of the decision. My predecessor acted with great solidity and integrity in that regard, and I intend to do the same. In my previous role as Minister for Digital, I was outside the Chinese walls that the Department has on this subject, and therefore not involved in the internal discussions of the earlier stages. I will therefore follow the process by considering the CMA’s final report, once it is published, and all the relevant evidence and information, and then I will make the decision.
The hon. Gentleman also mentioned Leveson. Although we will no doubt have debates on the future sustainability of the press in the coming months, this is a separate process under existing law in which I have a quasi-judicial role; it is not intertwined with the debates that we will have on the primary legislation that was just passed by the other place and received its First Reading in this House this week. Those two questions are separate. The question before us today is one in which I will operate fully in my quasi-judicial role, as I am required to do by law.
The Secretary of State rightly raised Disney’s proposed takeover of Fox. If Disney wholly acquired Sky, Sky would of course be completely separate from the Murdoch family trust and in the ownership of a completely different company. However, does he believe that the Fox takeover of Sky must first be considered on its own merits, and that the future acquisition of Fox by Disney is a separate matter?
The CMA’s report does address the fact that the proposed takeover by Disney is uncertain, and it sets out some details of potential options, given that uncertainty. Anybody can make written representations in the next three weeks, based on that interim report, and I will consider the question when I see the full report in the months to come.
I thank the Secretary of State for advance sight of his statement. I have said many times in this place that plurality and diversity are vital components of an independent media, and therefore I welcome today’s findings by the CMA, which have put on the record the valid concerns that many people have about the further concentration of media ownership in fewer and fewer hands. Although the CMA has said that the deal, as it currently stands, does not meet the public interest test, I am pleased that it references a number of possible remedies.
We have heard reports that the owners of Sky might look to close down Sky News if it becomes an impediment in the takeover deal, with the possible loss of 500 jobs. Can the Secretary of State confirm that he will not allow employees of Sky to be used as pawns in any takeover when the final decision comes before him? If the takeover deal between Disney and Fox is likely to be green-lit, what impact will that have on his final decision, given Disney’s reported lack of interest in news broadcasting?
It is a matter of law that while consideration of the proposal is ongoing, Sky News cannot be shut down in advance of a decision—I can give the hon. Gentleman that assurance. He also made points about his views on the report published today; I shall reserve my judgement, see the final report and come to a conclusion based on that.
I welcome the Secretary of State’s keeping the House informed, but of course he currently has no role. When the CMA presents the final report and he comes to address this matter, will he bear it in mind that, to date, no regulator that has carried out any objective assessment has found any reason to block the merger on the grounds of commitment to broadcasting standards, and also that the greatest disaster that could befall the plurality of the media in this country would be for Sky News, which is after all a loss-making enterprise, although extremely good, to be closed by its new owner?
Both those points are covered in the CMA report that was published today. If my right hon. Friend the former Secretary of State wishes to make to the CMA any further comments like those he just made, he has three weeks in which to do so, after which I will consider the final report in full.
I warmly welcome the CMA’s strong set of findings on plurality. The CMA says explicitly that the deal would give the Murdoch family trust
“too much influence over public opinion and the political agenda.”
I pay warm tribute to the Secretary of State’s predecessor, the right hon. Member for Staffordshire Moorlands (Karen Bradley), because we would not be here had she not had the guts to stand up and say that this matter should be referred to the CMA. We all owe her a debt of gratitude for having done that.
I very much hope that the new Secretary of State, whom I welcome to his place, follows his predecessor’s lead. He can do that by doing two things. First, it is important that he and the CMA should not allow a back-door attempt by the Murdochs to get control of Sky through the so-called remedies process. The simple way to stop the deal going ahead is to prohibit it, not to have some carve out or complicated process. Secondly, it is relevant to the context, so I think the Secretary of State was wrong to attack the other place for what it did on Leveson 2, which was promised by David Cameron, by me and by people from all parts of this House to the victims of phone hacking. If the Secretary of State is to stand up to the Murdochs, he has to allow Leveson 2 to go ahead to get at the truth, because that is what the victims were promised.
It was enjoyable to hear a rendition of the right hon. Gentleman’s greatest hit on Leveson, but on the points relevant to today’s statement and the decision on this deal, I intend fully to exercise my quasi-judicial decision-making role by taking into account all relevant considerations, based on the CMA’s final report. It is in that straightforward and reasonable way that I intend to proceed.
May I say to the Secretary of State that this is personal? This is basically about lefties—particularly the Labour party—who do not like Murdoch. If this involved any other media organisation, the shadow Secretary of State and the Labour party would have nothing at all to say. This is personal, and the Secretary of State should bear that in mind. After all, Ofcom is there to make sure that Sky News is impartial in its coverage, and I am sure that Ofcom can be trusted to deliver on that. In the light of this provisional judgment, can we now expect the CMA to call for the BBC to be broken up, given its dominance over news output in the UK?
The report does go into detail on the different level of media dominance of different parties and sets that out clearly, but obviously I will take forward the views of the CMA’s final report when it is published. My hon. Friend—like the former Secretary of State, my right hon. Friend the Member for Maldon (Mr Whittingdale)—has the opportunity to let the CMA know his views in writing in the next three weeks.
As the CMA acknowledges the importance of Sky News to media plurality, as well as the risks and threat of a forced closure, might the Secretary of State conceivably have a role in facilitating white-knight investors?
The most important thing that we in the Government can do is to execute on the law as it stands. The law has clear constraints and must be operated properly, above board, with integrity, in the quasi-judicial capacity that it sets out.
My constituents in Kettering would like to know what Sky’s audience share is compared with the BBC and ITV.
The BBC’s audience share is the biggest, ITN is second and Sky is smaller than that. The details of that are covered in the report, which I am sure my hon. Friend’s constituents will find illuminating.
I am honoured to have Sky and Sky News based in my constituency. Despite very serious instances of sexual and racial harassment at Fox News, the CMA has concluded that none of that, and none of the industrial-scale phone hacking at Murdoch’s UK papers, is relevant to broadcast standards. Does the Secretary of State really agree with the CMA and think that none of that is relevant to how companies that are completely controlled by the Murdochs behave?
My position is not to agree or to disagree with the CMA; it is to consider the final report that the CMA produces in a couple of months’ time.
Given the fact that Sky’s audience share is dwarfed by that of both the BBC and ITV, will the Secretary of State confirm that the Government are committed to the high-quality journalism and the world-class British broadcasting sector that we know and love?
Yes. As my hon. Friend the Member for Kettering (Mr Hollobone) alluded to, the report does describe the market shares of the different broadcasters, including, of course, the BBC, which is the biggest. We are fully committed to ensuring a sustainable future for high-quality journalism. That is a policy question, and it is also a question of legislation that we will no doubt debate when the Data Protection Bill comes before the House, but it is separate from this decision, which is to be taken specifically within the rules and the law as it stands.
Five years after the phone hacking scandal broke, some civil cases regarding alleged criminality in the Murdoch empire are still ongoing. There will be victims who were very disappointed with the Secretary of State’s response to my right hon. Friend the Member for Doncaster North (Edward Miliband). The commencement of Leveson part 2 would be in the public interest, because it would finally reveal the full scale of hacking and the relationship between the press and the police. When will the Secretary of State follow the CMA’s lead and act to protect the public interest by commencing Leveson part 2?
These two questions are separate. We have a consultation on the Leveson issues. In policy terms, I really care about making sure that we have a sustainable future for high-quality journalism, but that is separate from this quasi-judicial decision, which has to be done within the existing law, and that is how I will take it.
I welcome the Secretary of State to his position and congratulate him on the transparency with which this process is being conducted. Does he agree that it was sensible to refer the merger of Sky and Fox to the CMA to avoid making it party political? Given the Government’s commitment to high standards in broadcasting, will the Secretary of State assure my constituents in Taunton Deane that the Government will continue to maintain high standards in broadcasting and journalism? I have a vested interest as a former broadcaster, but it is also what the people on the street want.
I am not sure that the high-quality journalism of “Farming Today” will ever be the same again without my hon. Friend. Undoubtedly, the importance of high-quality journalism, with a sustainable business model to fund it and plurality around it, are incredibly important policy questions. We will no doubt debate that in future, but it is a commitment to which I stick firmly.
Of course, “Farming Today”’s loss has been Taunton Deane’s gain, as we are all conscious.
In his statement, the Secretary of State said that he will consider “all the evidence carefully” in his quasi-judicial role. How is it possible for him to consider all the evidence unless he goes forward with Leveson 2—thereby honouring the promise given by a Conservative Prime Minister—and hears the evidence that remains unheard so that he can properly judge the Murdochs’ capability and competence for governance?
As I think I mentioned earlier, the question that the hon. Gentleman raises is not relevant to what we are discussing, because the latter is about exercising a quasi-judicial decision within the law as it stands. As I might have mentioned already, I intend to exercise that quasi-judicial decision-making role very clearly within the process as laid out in the law as it stands.
(6 years, 11 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
(Urgent Question): To ask the Secretary of State for Digital, Culture, Media and Sport if he will make a statement on the accusations of unfair pay at the British Broadcasting Corporation following the resignation of China editor, Carrie Gracie.
Like most Members, I strongly support the BBC, and, like most of the licence fee payers who fund it, I would go so far as to say that I love it. Perhaps now in this digital age more than ever, if the BBC did not exist, we would need to invent it. But, as a treasured national institution, the BBC must not only uphold, but be a beacon for, the British values of fairness that the nation holds dear. Those values include fair pay and equal pay for equal jobs.
By introducing reforms to the BBC charter, the Government, under the leadership of my two predecessors, have vastly improved BBC transparency and shone a light on gender and pay issues at the BBC. This new transparency includes the requirement for the BBC to publish annually the salary details of all BBC staff who are paid more than £150,000. The publication of such details for the first time in July last year resulted in much-needed public scrutiny of pay at the BBC.
The BBC’s overall gender pay gap stands at around 9%, but the figures also show that two thirds of those who earn more than £150,000 are men, and reveal a lack of staff from black, Asian and minority ethnic backgrounds among the top earners. At the time of the publication of the salary details, some male presenters were understandably uncomfortable with the results. John Humphrys even acknowledged that he would not necessarily be able to explain his salary of £600,000.
This is not just a matter of levelling women’s pay up; it is a matter of pay equality. To work for the BBC is a public service and a great privilege, yet some men at the BBC are paid far more than other equivalent public servants. The BBC has begun to act, and I welcome that, but much more action is needed, especially when BBC foreign editors can earn more than Her Majesty’s ambassadors in the same jurisdiction.
With respect to the specific case of Carrie Gracie, I welcome the Equality and Human Rights Commission’s decision to look into the issues she has raised. The EHRC is the regulatory body responsible for the policing of equal pay and it is for the commission, not the Government, to investigate this matter and take further action, if necessary.
Of course, the BBC is operationally and editorially independent of the Government—and rightly so. The director-general has commendably committed to sorting out this issue by 2020, and we will hold him to that. I understand that the BBC’s report about on-air presenter salaries will be published in the next few weeks, but we expect the BBC to observe pay restraint and to deliver value for money for licence fee payers. We will watch closely. The BBC must act, because the brilliant women who work at all levels of the BBC deserve better.
I wish you, Mr Speaker, and your team a happy new year and all the best for 2018. I congratulate the right hon. Gentleman on his new role as Secretary of State. I am glad that he is on his feet so soon after his appointment.
The resignation of the BBC’s China editor, Carrie Gracie, over the gender pay gap at the BBC has shocked and saddened us all, and I welcomed what the Secretary of State said. He may be interested to know that I received a rather unfortunate comment from the BBC earlier, which said:
“On air colleagues who have been seen to campaign on the issue of BBC equal pay have to question whether or not they would be regarded as impartial by audiences when covering the story.”
Does the Secretary of State agree that instead of carping or attacking its own people, the BBC, as a publicly funded organisation that does not pay equally, should be getting its own house in order?
I pay tribute to Carrie Gracie, who will be a huge loss. She has shown great bravery and determination on this issue. Her letter makes for staggering and shocking reading. It says:
“Salary disclosures the BBC was forced to make six months ago revealed not only unacceptably high pay for top presenters and managers but also an indefensible pay gap between men and women doing equal work…In the past four years, the BBC has had four international editors—two men and two women. The Equality Act 2010 states that men and women doing equal work must receive equal pay. But last July I learned that in the previous financial year, the two men earned at least 50% more than the two women.”
How many talented women need to resign and be lost before the BBC and other media organisations take action? The Secretary of State has said that he will challenge them, but what tangible action will we see from him, his Government and the BBC? It is now 100 years since women got the vote. We have come a long way, but why does it feel like so many in the establishment are stuck in the past?
I share the hon. Lady’s outrage at what we have discovered, and I underline that we have discovered it only because of the transparency measures that were brought in by this House, led by my predecessors, during the royal charter process. She asks specifically about editorial guidelines. They are a matter for the BBC. It is understandable that it might say that people with a strong view should separate that view from their impartial delivery of news, but I would ask whether they observe that in every case, as well as cases about just the BBC.
I, too, congratulate the Secretary of State on his appointment.
The Digital, Culture, Media and Sport Committee decided this morning to invite the director-general to come and account for the BBC’s actions on gender pay since the publication of salaries last summer. It is important to see what progress it has made as well as what more needs to be made. Does the Secretary of State agree that this case underlines why we were right to insist on full disclosure of top pay, and not just for executives, but for on-screen talent?
I strongly agree with the Chair of the Select Committee, and I welcome his Committee’s scrutiny of this. The BBC resisted the transparency measures, and we are starting to see why.
Happy new year, Mr Speaker. May I start by offering my congratulations to the outgoing Secretary of State, the right hon. Member for Staffordshire Moorlands (Karen Bradley), on her new role? I also congratulate the new Secretary of State, who, unlike Carrie Gracie, has not turned down a £45,000 pay rise this week. He tweeted yesterday about how humble he was—something he has become well known for in recent years—but I know how important this promotion will be for his fragile self-esteem.
We still live in a society in which confident men who believe in their own self-worth tend to rise to the top, or stay in position despite failure after failure, while talented women are more easily undervalued or forced out—but enough about the Prime Minister’s reshuffle. Carrie Gracie’s resignation as the BBC’s China editor highlights the issue of unequal pay in the BBC, in broadcasting and in society more generally, and we all have a role to play in stamping that out. Lord Hall said last year that he is determined to close the gender pay gap at the BBC, but this story shows that there is still a very long way to go.
Carrie Gracie says in her public letter that she told her bosses when she took the job of China editor that she expected pay equality with her male peers and that she believed she had secured it. Does the Secretary of State believe that the corporation is, as Carrie says, in breach of equality legislation? How can employees of less transparent media companies know whether their employers are complying with equality law? The BBC is accountable to the public and we know more about the pay gap there than we do about the pay gap in other organisations. Is the Secretary of State confident that female staff in other broadcasters and media companies are paid as highly as their male colleagues? Will he call them in to encourage them to be as transparent as the BBC? What will he do to ensure that this story is used not just to criticise our national broadcaster, as other media organisations might wish, but to highlight pay inequality across the board? The people involved in this story are at the top of their profession and earn significant sums, but we need to be at least as concerned about pay equality and fair pay for BBC employees and contractors on the lowest pay, some of whom are on as little as £16,000 a year. What is the Secretary of State doing to ensure that low-paid workers are not forgotten? Will he ensure that those paid by independent production companies or through BBC Studios are not exempt from pay transparency? Does he agree, finally, that when it comes to unequal pay, we all have to say, “Time’s up.”?
I am grateful to the hon. Gentleman; it is good to be shadowed once more by him. He is quite a shadow, and I am sure we will all enjoy his stand-up in the exchanges ahead.
There is a very strong degree of cross-party unanimity on this subject, and I welcome the hon. Gentleman’s support for the measures that we have taken to introduce more transparency. As well as introducing transparency measures for the BBC, we introduced wider transparency measures on the gender pay gap for all large organisations. I think that that answers many of his questions about other organisations, but other public organisations have strong duties, and I will take his point about that very seriously. When it comes to investigating individual cases and policing the Equality Act 2010, that is a job for the EHRC. We welcome the fact that it is taking action in this case now, and it must take action wherever it sees that as appropriate.
This country has some of the best laws in the world to protect women who face these sorts of employment problems, but those laws need the Equality and Human Rights Commission to act, and to do so quickly. Why is it that, despite the overwhelming evidence that has been in the public domain for more than six months, the EHRC has failed to intervene on the BBC but has been placated by a BBC-funded internal review, which has clearly not tackled the problem? What is my right hon. Friend doing to ensure that the Equality and Human Rights Commission performs its statutory duties and uses it statutory enforcement powers to protect women facing these sorts of problems in not just the BBC, but many other organisations?
I pay tribute to the work of my right hon. Friend—my predecessor—who has brought to the EHRC’s attention the importance of acting in this case. It has a statutory duty to act when it sees unequal pay, and I am glad that, as of this morning’s announcement, it is taking that forward.
May I add my congratulations and best wishes to the Secretary of State as he takes up his new position? Does he agree that, as a publicly funded institution, the BBC has to be both transparent and accountable and that the existence of this secret gender pay gap in the corporation shows that it has been anything but? Perhaps that would explain why the BBC management were so vehemently opposed to having to publish how much the BBC pays its top-earning presenters. I am sure the whole House will join me in thanking my predecessor, Mr John Nicolson, and the Select Committee on Culture, Media and Sport for their work in exposing this scandal. Does the Secretary of State believe that the BBC has acted unlawfully in this matter? Is he confident that the BBC should continue to police itself in such matters? Iceland now insists that all companies with more than 25 employees obtain Government certification of their equal pay policies or face heavy fines. Does he believe it is time that the UK followed suit?
Given the action that Conservative Members have taken to bring this transparency to the BBC, one would have thought that the Scottish National party might say that that was a good idea or welcome it. We strongly support the BBC, but we also believe that it is acting in its own self-interest by sorting out these sorts of issues, and we will make sure that it does.
I, too, congratulate my right hon. Friend on his appointment to what is one of the best jobs in government. I also wish his predecessor every success in what is one of the most challenging.
Does my right hon. Friend agree that it is not good enough for the BBC to say that its performance in this area is better than that in many other sectors? Does he share my view that it is because the BBC is funded by public money that we are entitled to expect it not just to adhere to the requirements of the law, but to set a higher standard that others can then follow?
It is not just because the BBC is a public organisation and the people who work there are public servants that it has a higher obligation than private organisations; it is also because the nature of the BBC is to reflect on to the nation—and indeed the world—the values that we hold dear, and it must live up to those values.
What we should be doing today is thanking Carrie Gracie for the principled stand that she has taken. She has done this on behalf of not just women in the BBC or in broadcasting, but women throughout the country who suffer pay discrimination. As a broadcaster and a journalist, she is exceptional, but as a woman facing entrenched pay discrimination, I am afraid she is the norm.
When it comes to transparency and the requirement under the Equality Act 2010 to publish the pay gap, the Secretary of State rightly says that it is for the regulator, the Equality and Human Rights Commission, to police and monitor the position to ensure that companies publish and set targets for closing the gap. To ensure that the Government can carry out the important task of remedying this discrimination, will he commit them to redressing the cuts of up to 70% that have fallen on the Equality and Human Rights Commission? This is a pivotal moment. We need the commission to be able to do its job, and it needs funds so that it is able to ensure that we right this wrong.
I pay tribute to the leadership that the right hon. and learned Lady has shown on this issue in government and since, because making sure that an equality of opportunity pervades our country is important, and that means gender equality, too. She has rightly been an outspoken voice in favour of gender pay equality and equality across the board. On the EHRC, this is about its actions. It has a duty to act, and now it is indeed acting, and that is a question of judgment as much as resources.
May I congratulate my right hon. Friend on his appointment?
The BBC has been run like an old boys’ club for far too long, not least with Lord Hall’s appointment of James Purnell to a very highly paid job without that even being advertising to anyone else. I am sure that there was a far better qualified woman who would have wanted it, although I do not believe anyone on the Opposition Benches complained about that at the time. Does my right hon. Friend agree that it is not that women at the BBC are paid too little, but that many men at the BBC are paid too much and it is those salaries that should be levelled down? Does the Secretary of State also agree with Carrie Gracie that in this regard the BBC has been acting illegally?
I will leave that last point to the EHRC. On my first day in this job, I did not expect to be lobbied in favour of women’s rights by my hon. Friend, but I am glad to see progress pervading even our own Back Benches, and he certainly has a point. This is not just about levelling up women’s pay and paying women more; it is about equal pay and appropriate levels of pay in an organisation that is funded by licence fee payers who want to have a television, whether they like it or not.
Like the Secretary of State and his predecessor, both of whom I congratulate, I love the BBC. I also stand with Carrie Gracie, as I think most people across the country will, on equal pay. She says in her letter that
“the BBC often settles cases out of court and demands non-disclosure agreements, a habit unworthy of an organisation committed to truth”.
That issue applies not just to the BBC, but to other broadcasters and companies right across the country. If we are trying to get transparency in equal pay, does the Secretary of State think it is a serious problem if so many employers pursue non-disclosure agreements when it comes to pay claims?
We should use whatever tools are at our disposal to ensure that we have the right level of transparency. We want to ensure that this work takes place across the board at the BBC and other places, and it is important that every case is looked at, rather than just individual cases. There might be individual circumstances in which an NDA is appropriate, but we need to be careful to ensure that a systemic problem is not hidden by the overuse of such agreements.
I am sorry to disagree with the Secretary of State in his first few hours in office, but I would not reinvent the BBC as it is now. It resisted all the way taking the threshold down to £150,000, so that we would actually know what was going on. The fact that it tried to solve the problem with Carrie Gracie with a bung of £45,000 says to me that there is an endemic problem: the BBC does not understand and it does not get it. Some of the men are overpaid. The fact that the BBC did not wish to address this issue until it was forced into it shows that we need a root-and-branch analysis of what is going wrong in the BBC.
I agree that a root-and-branch analysis is needed and must happen. There is of course much more to the BBC than just the high pay. There are the local stations and the local work, which receive far less scrutiny than many of these issues at the top. We must ensure that the solutions brought by transparency for top pay apply throughout the organisation, and apply to presenters and off-air staff right across the BBC, and not just at the top.
I add my congratulations to the Secretary of State. Does he share my deep disappointment in my former employer’s clumsy memo reminding staff of the need for impartiality on this matter at a time when it is facing criticism over the gender pay gap? Does not that call into question the corporation’s attitude to reporting to the Government on this issue, and indeed to the Equality Act itself?
The BBC appears to have demonstrated more enthusiasm for ensuring that those editorial guidelines are put in place on this matter than on many others.
My right hon. Friend is right to suggest that the problem is not principally that women are paid too little in organisations that are, in one way or another, funded by the public, but that men are paid far too much. What cognisance has he taken of organisations beyond the BBC, such as universities, that are quite egregious in this matter, and what does he think can be done to sort it out?
Over the past seven or eight years, we have brought in measures to ensure that people in the public sector are paid appropriately and that there is much more transparency. We implemented those measures in the civil service and in other areas of public life, so that there was not this problem of too high pay at the top, but some organisations have not implemented the same sorts of approaches, and now, where a body is funded by the taxpayer or licence fee payer, the problems of ignoring the need for that restraint are being brought into the light.
I join others in welcoming the new Secretary of State. I appreciate that today is only his first or second day in office, but as he goes through his brief he will realise that, thanks to the agreement between the Secretary of State and the BBC, he has the power to give a direction to the BBC about equality of opportunity. Will he use that power to ensure that every member of staff at the BBC—male or female—is able to exercise freedom of expression at work, and protect their right to speak out as the best way to get transparency?
I certainly want to make sure that this issue is properly and rightly aired. In ensuring proper reporting, which is the question that the hon. Lady was asking, we must make sure that the BBC is objective about itself. That is a difficult thing to pull off, but it is very important that the BBC does it.
May I say to the new Secretary of State that some of us—perhaps across the House and perhaps some here on these Benches—do not share quite as strongly the love for the BBC that he, in his first couple of days in the job, has shown? At the end of the day, we are talking about the top end of pay, but I agree with the shadow Secretary of State that this must be going on across the pay bands in the BBC. The BBC is under a charter from this House; we could change that at any time we wished to make sure that it publishes and shows everything, so that there is equality across the pay bands for contractors as well as those at the top end.
There might have been a question there, but if there was it was very heavily disguised.
My right hon. Friend is absolutely right that this is a question about fair pay at all levels, and not just at the top.
I am both right and honourable on this matter, which not everyone can say. The point about it being a problem at the BBC is writ large in the debate today. My inbox is full of emails from women having to sign non-disclosure agreements for all sorts of reasons, equal pay among them, so we must be careful that we do not bash the BBC unnecessarily. However, Evan Davis talked about this while presenting “Newsnight” last night, after going on Twitter and giving his very clear opinion, which was neither right nor honourable. Why has he not been silenced when women who have spoken up as part of the campaign group have been taken off the air? What will the Secretary of State do in his brand new shiny role to make sure that women are not being silenced on this issue at work? Will he send a message to all the women who have emailed me—the ordinary women of the UK—that in the first equal pay issue seen under the new legislation, we will not allow them to be silenced, and we will not send the message that, “If you speak up, you’re out.”?
We will not allow unequal pay to pervade the BBC or any other organisation. We have brought in rules and strengthened them across the economy and especially at the BBC. We are proud of the transparency that we have brought, and we will get to the bottom of the matter.
Does my right hon. Friend agree that the events of the past few days show that the Government were absolutely right to insist on a pay transparency level of £150,000 a year, and not the £400,000 a year that the BBC wanted?
My hon. Friend is absolutely spot on. Without that decision and without the support to bring down the threshold to £150,000, there would still be silence on this issue, and now there is not, which is good.
This urgent question plus the gender pay gap figures released at the weekend show that gender assumptions across the UK are still pervasive—assumptions about what a woman is worth, what her potential is and what she can aspire to. What will the Minister do in his new role to tackle those assumptions?
Getting to the bottom of this problem in the BBC is not just important for the BBC itself and for all the brilliant women who work in the BBC and who are not paid as much as their male counterparts doing the same job. It is symbolic across the whole country and shows that we believe in the equality of opportunity and in people being paid fairly. Gender should not define how much an individual is paid.
Certainly, this debate shows why it was absolutely right to insist that the threshold for disclosure was £150,000. The whole point was to engender a debate about what it is right to pay people at the BBC—an organisation to which we are forced to contribute. Does the Secretary of State agree that the priority will be to ensure that pay is not only equal on a gender basis, but proportionate, given that some of the salaries that we have seen are almost impossible to defend?
I warmly congratulate the Minister on assuming his new job, but I did not like the tone he adopted when he said that he was delighted that this issue was going to be “aired”. There is no point in airing it, because we have been airing it for decades now. The point is actually to bring about change. Perhaps Carrie Gracie should be made chair of the BBC; perhaps she should be given a role specifically to bring about change in the organisation. In the end though, are not some of the men, such as John Humphrys, going to have to say, “You know what? I am paid too much. I should take a 50% pay cut.”?
The hon. Gentleman makes a very interesting suggestion. It is not true that this issue has been aired for decades. This information has been in the public domain only since last July, because of the actions that we took to insist on transparency, so while the broader issue may have been discussed, we have not had the details to hand in the public debate. That is very important, because it is only once something is measured that it can be managed.
Order. I hope I can be forgiven for making the point that if the Secretary of State was so keen for the issue to be aired in the Chamber, he could have volunteered to make an oral statement to the House. The reason why the issue is being aired in the Chamber today is that somebody—namely, the hon. Member for Livingston (Hannah Bardell)—applied for an urgent question and I granted it. I massively welcome the right hon. Gentleman’s participation, but I think it is quite important that the public should know how this matter has come to be aired in the Chamber today.
In Britain in 2018, we have the unbelievably absurd situation where it remains a criminal offence not to pay a licence fee to an organisation that has institutionalised gender pay inequality. Will the Secretary of State invite Lord Hall to his office for an interview without coffee to explain urgently that the situation is unacceptable and needs to change well before 2020?
I certainly hope that the BBC can act before 2020. Lord Hall has, indeed, said that he wants to act before then, and I will be taking this matter up with him. On your point, Mr Speaker, of course I welcome the urgent question and I am grateful to you for granting it.
That is extremely gracious of the Secretary of State; I thank him.
Further to the question from my hon. Friend the Member for Birmingham, Yardley (Jess Phillips), will the Secretary of State now very clearly join us in saying that it is not acceptable that women who speak out on these issues are now facing barriers at work and questions about whether they can carry out their duties and whether or not they will progress in their careers? A very clear message needs to come from this place that that is not acceptable.
I am sure that the BBC will have heard the strength of feeling in this House that the hon. Lady has just articulated.
Like the new Secretary of State, I love the BBC, but I welcome the approach he has taken to ensure that there is full transparency regarding how public money is spent. When spending public money, it is important to ensure both that there is gender equality and that the wages are justified. Will he be asking the BBC to justify why some stars are paid 25 times as much as we pay a transplant surgeon and 80 times what we pay a nurse?
My hon. Friend brings up reasonable comparisons. I compared the pay of foreign ambassadors with that of BBC editors. All these jobs are in public service, and when one is in the service of the public, restraint is necessary.
May I take the Secretary of State back to the role and capacity of the Equality and Human Rights Commission? Not only has its funding just been cut, but it is running short of board members because a number of experienced candidates who have been on the board have been vetoed for reappointment as a result of Cabinet Office decisions. What is he doing to talk to his colleagues in the Cabinet Office to ensure that people such as Sarah Veale, former head of equalities at the TUC, are not vetoed for appointment, so we can have expertise such as hers on the board?
As I said before, it is a question of judgment. I think the EHRC made the right judgment in announcing this morning that it is going to investigate the matter.
I was a member of the Committee on the Digital Economy Act 2017—the legislation brought about this change—so I thank the Minister for steering it through, in the teeth of resistance from the BBC. As several people have already said though, this is not just about how much women are paid; it is about pay equality full stop. It is about ensuring that everyone throughout the BBC gets equal pay. Will the Minister now really endeavour to ensure that everyone throughout this public sector organisation—not just the high-profile figures in front of the camera—gets equality within the law?
Yes, I agree with my hon. Friend. Sometimes the Committee work of this House is overlooked, but my hon. Friend gives a good example of a measure that was properly scrutinised in Committee, put into the Digital Economy Bill and made law, thanks to the work in Committee of Members on both sides of the House, including my hon. Friend, to whom I pay tribute.
Carrie Gracie is indeed to be praised for her stand on gender pay equality and for her comments more generally on pay equality. In her interview last night on “Channel 4 News”, she stated that her actions were not a personal plea for more money; indeed, she said that there may need to be a pay cut for all at her grade at the BBC to combat the pay inequality, which has risen in many organisations, including the BBC, over the past few decades. Is it not time that, as well as ensuring 1:1 gender pay ratios, the Government moved to ensure the fairness of ratios between the top and the bottom in many organisations such as the BBC, banks and many other companies? Wage inequality in this country has become staggering in the past few decades.
I welcome calls for pay restraint in public bodies from all quarters, including from the hon. Gentleman.
I declare two interests as chair of the all-party parliamentary commercial radio group and the former proud owner of a BBC pass. I strongly welcome pay transparency as the BBC is a publicly funded body. We are now in a very disappointing place. Does the new Secretary of State recognise that, despite what the Government have done, it is astonishing that we would not have discovered this underlying disparity without the singular bravery of individual women?
Yes. I pay tribute to my hon. Friend, who has worked hard on this issue during her time in the House. I also pay tribute to Carrie Gracie for her bravery and her actions.
Why does the Secretary of State think that it will take Lord Hall until 2020 to sort this out? It is an injustice. Surely the Secretary of State should tell Lord Hall to sort it out now.
It is, of course, for the commission to tell Lord Hall that. We have to be careful to ensure that the relationship between the Government and the BBC is proper, because the BBC is a public broadcaster, not a state broadcaster. The action that the Chair of the Select Committee on Digital, Culture, Media and Sport has announced—calling Lord Hall and potentially others to give evidence—will ensure that they can be held properly and directly to account.
All credit to the Digital, Culture, Media and Sport Committee and the Government for exposing the problem we are talking about today. Pay ought to be linked to ability and experience, so it cannot be right that men in the BBC are so often paid more than women with the same ability and experience. Does the Secretary of State agree that the BBC must be held to account and soon, and that questions need to be asked about why the BBC has suppressed coverage of this story?
I think that there is plenty of coverage of the story. No doubt the House has aired the issue and will air it again, should we so choose. The Select Committee has done a good job and I look forward to its further work. I know that my hon. Friend, who is a member of the Committee, will do that work extremely well.
I, too, congratulate the Secretary of State on his new appointment; I wish him well. Indeed, I also wish his predecessor well in her new role of power behind the throne in Northern Ireland. Does it not trouble the Secretary of State that the BBC’s suggested solution to Carrie Gracie was to give her a bung in excess of twice as much as the national average wage of people across the whole United Kingdom? Surely that highlights a systemic problem at the heart of the BBC and how it tries to solve problems.
I strongly agree with my hon. Friend. It matters because this is not just a case of putting women’s pay up; it is a matter of pay equality, of which pay restraint is an incredibly important part.
Does the Secretary of State share my disquiet, as an ex-BBC journalist, about any attempts in BBC policy to stop reporters reporting on this issue? Does he also share my concerns that a culture of unequal pay and ageism against women runs throughout the organisation right down to broadcast assistant level and does not just affect a few household names at the top?
It is incredibly important that the BBC recognises the level and strength of feeling in this House among people who have long championed the BBC, people who have long disagreed with the BBC, people who have been employed by the BBC and people who have never been employed by the BBC that the BBC must get to the bottom of this, root and branch.
When my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) brought before this House the Equality Act 2010, which provides for gender pay audits on every organisation employing more than 250 people, the Tories voted against it. Will the Secretary of State now say whether he thinks that that was the right thing to do?
I am a very strong believer in equal pay and tackling discrimination, because I believe in the equality of opportunity—wherever someone comes from and whatever their gender, sexual orientation or race. Those are the values that will guide me in this role.
Should the BBC not sort out its act, is my right hon. Friend willing to take further steps?
The gender pay gap will never be tackled in big organisations like the BBC so long as women end up with disproportionate responsibility for childcare. Given that, does the Minister agree that the Government’s decision to reject a series of recent recommendations to close the gap, including three months’ paternity leave, means that the gap at the BBC and further afield will never close?
I am afraid that I dispute the premise of that question, because no Government have done more than this Government over the past seven years to bring in equal paternity and maternity leave, and more of it, so that men and women can be more equal in the workplace. I was one of the first to be able to take advantage of more, and equal, paternity leave when my wife had a child. It is incredibly important that we tackle these issues, and nobody has done more than we have.
The Secretary of State is absolutely right that the BBC must comply with gender equality legislation with regard to pay. More than that, given the large salaries paid to some of the top presenters, will he send a very strong message to the BBC that it should be redeploying some of that resource to BBC local radio, which does so much to provide local information and entertainment on a pittance?
Yes, I agree incredibly strongly with that. The local news, and local TV and radio, are a vital part of what the BBC does. As we devolve more and more power locally, they are more and more important. I am very glad that the BBC recently announced that it was not going ahead with the cuts it previously proposed to local radio. Those cuts were completely unnecessary because the BBC has a very generous licence fee settlement. I am glad that it is now going to strengthen, not weaken, that local provision.
I congratulate the Secretary of State on his new position and look forward to his first outing in front of the Digital, Culture, Media and Sport Committee. I want to put on record my praise and respect for Carrie Gracie for what she said yesterday: she is an outstanding woman. This is not about equal opportunity, as the Secretary of State has said many times that it is—it is about equal pay for work of equal value, right across the organisation. This has been known about for six months and the BBC has done nothing. It is illegal not to have equal pay. What are the Government going to do to bring pressure to bear on the BBC to act?
I agree that it is about equal pay for equal jobs, as I said right from the outset, and of course that underpins equal opportunity. On what we are going to do, the first thing we have done is brought in transparency. We are going to see what the BBC says in the next few weeks, when it will publish more on on-air presenters, and we do not rule anything out.
With some trepidation, I declare my interest as chair of the all-party parliamentary group on the BBC. The BBC promised to publish pay gap data and an independent audit on pay. This it has done, and the independent legal and accountancy firm doing the auditing found no systematic gender discrimination. The final review of presenters, editors and correspondents will be published shortly. Given that the BBC is required to deal in facts, does my right hon. Friend agree on the need to wait for that review before this House rushes to judgment?
Of course the BBC has to deal with this objectively, but some very serious allegations have been raised. The BBC has said that it is going to get to the bottom of it. It must get to the bottom of it, and we will hold it to that.
I, too, declare an interest as a member of the APPG on the BBC. As such, I, too, welcome the BBC’s commitment to publish gender pay gap data and its independent audit of pay for most of its staff. However, the problem is that the BBC is in breach of the Equal Pay Act 1970. Surely 47 years is enough time to get its house in order.
One might have thought so. Now, thanks to the transparency measures that we have brought in, we are going to make sure that that happens.
The BBC website reported yesterday that since 2011 so few equal pay cases have been formally recorded as having a successful or an unsuccessful outcome at tribunal that the Ministry of Justice has both figures at 0%. We know that these figures do not reflect the reality and that a large proportion of cases are either withdrawn or settled away from tribunal. Does the Secretary of State agree that this method of reporting prevents us from having a true understanding of the actual figures involved?
We have brought in stronger laws to ensure that there is transparency, not only at the BBC through the royal charter but statutorily for all large organisations. We have taken action in this area because it is very important to get to the bottom of it.
Gender pay discrimination is partly a symptom of a much wider problem of sexist attitudes that prevail in too many large organisations. May I remind the Secretary of State that it is less than 24 hours since a colleague of his at the Dispatch Box defended the appointment of Toby Young as universities regulator for England, and less than two hours since another colleague at the Dispatch Box defended the offer of a state visit to Donald Trump? While I would agree with a lot of the Secretary of State’s criticisms of the BBC, will he not accept that if the Government are going to throw stones at the BBC, they should get out of the glass house they are in and stop rewarding such blatant and horrific examples of sexist behaviour elsewhere?
As I say, tackling the sort of unequal pay that we have seen at the BBC is very important. That is why we brought in the measures that we did, which I took through Parliament as the Bill Minister and which we are very proud to have brought in.
Sky News did some research in the summer that showed that the vast bulk of the best-paid BBC journalists went to a private or selective school and that we can count on the fingers of one hand those who did not. Does the Secretary of State agree that while there is much merit in pursuing this case, we have to end the self-serving, self-selecting elite bias in the appointments to some of the best-paid public sector jobs in this country?
I have a lot of sympathy with what the hon. Gentleman says. Making sure that we have equal opportunities is not only about the protected characteristics in the Equality Act; it is also about social background and making sure that people from all backgrounds get an equal chance.
I thank the Secretary of State for his responses so far. The BBC has been guilty of discrimination and a gender pay gap differential. The national average gap of 18.1% is wrong, but it is hard to understand the satisfaction that the BBC seems to have and the feeling that 9.3% is not too bad. Does the Secretary of State agree that whether the figure is 18.1% or 9.3%, the BBC needs to put in place action to ensure that all receive equality of pay immediately?
The BBC would do well to reflect on the discussions that we have had in this House this afternoon, where we have seen, unless I am mistaken, unanimity from every single Member in demonstrating the need for action that we, as a House, hold to. The defence that, as an organisation, it is better than others and better than the average is frankly not good enough, not just because everybody should be doing better, but because the BBC should be held to a higher standard as a treasured national institution and our national broadcaster.
(6 years, 11 months ago)
Commons ChamberI am grateful for this opportunity to speak today, and I thank the right hon. Member for Carshalton and Wallington (Tom Brake) for bringing forward this topic for debate.
It is of course the first role of Government to protect the nation and its people and to safeguard our democracy, and we recognise and acknowledge the concern expressed by the House today about the threat posed to our politics and society by the exploitation of digital technology and platforms. We are happy to work with Members across the House on this. Of course, digital technology brings huge benefits and we celebrate the freedom that they bestow, but they also allow malign actors new means by which to communicate. We are committed to defending the UK from all forms of malign state interference, whether from Russia or anywhere else. When there is any suggestion that the Kremlin has sought to interfere in the political process, we treat such allegations seriously and carefully. The position is that, to date, we have not yet seen evidence of successful interference in UK democratic processes by a foreign Government.
I am grateful to the Minister for giving way, because there is an interesting divergence between the three Ministers who have spoken on this topic. The first response was, “I have seen no evidence that the Russians were trying to do anything”, and then the version that we have heard today is, “I have not seen any successful interventions.” What would success be? How is he defining success? I presume he means that there have been attempts.
We have seen no evidence of interference that has successfully affected democratic outcomes in the UK by a foreign Government. That has been the UK Government position for some time.
In a political process, success would potentially involve changing the result of that political process, and we have not seen evidence of successful attempts.
Part of the reason we are finding it so difficult to establish the impact is the lack of information coming from the social media companies. Will my right hon. Friend therefore join me in calling on Facebook in particular to co-operate thoroughly with the Digital, Culture, Media and Sport Committee inquiry?
Absolutely, and I will come on to express that in some pretty firm terms later in my speech. The point is that we have not yet seen evidence of successful attempts, but we remain vigilant none the less. I can assure the House that the whole of Government are alert to the threat and that we are working across Government on it.
Aside from the evidence that has been published out of the American inquiry, do the Government have evidence of intent, whether or not that activity was successful as they define it?
As several Members pointed out in the debate, there is already evidence of activity in the public domain. The question is about the scale of that activity and whether it is significant or not significant. As I say, there is not yet evidence of successful interference in UK democratic processes.
I, too, question the criteria for success, because there is evidence of success in that it is provoking consternation at and the questioning of democratic results and policies in our country. Those are the criteria for success. We want to hear that GCHQ will aggressively target the generation of such material, do its best to block it and be much more proactive, but perhaps the Minister is coming to that point.
I will come on to that important point in relation to the cyber-attacks.
As the Prime Minister made clear in her speech at the Guildhall in November, we want to build a more productive relationship with Russia, but we also want to see Russia play its full and proper role in the rules-based international order. We will therefore not hesitate in calling out behaviour that undermines that order or threatens our interests at home and overseas.
If there was no evidence of successful intervention, was there evidence of unsuccessful intervention? If so, what was it?
Some evidence has already been declared, such as Facebook’s declaration that there had been some paid-for advertising by organisations that were also involved in US democratic processes. However, as we know, the scale of the activity that has been declared by Facebook is extremely small, amounting to $0.97. I will get on to the point about the transparency of information, because we do not think that that amount credibly represents the whole gamut of activity.
We have identified Russia as responsible for a sustained campaign of cyber-espionage and disruption around the world. When we have seen the Kremlin deploy disinformation in an attempt to sow division and meddle in overseas elections, and to deflect attention away from international incidents, such as the downing of MH17 or the use of chemical weapons by the Syrian regime, we have rightly raised those concerns on the international stage. However challenging our relationship might sometimes be, it is also essential that we keep the channels of communication open to the Kremlin and the Russian people. To that end, my right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs will be in Moscow tomorrow. While there, he will firmly and clearly raise our concerns over the use of disinformation and cyber, and he will reaffirm the Prime Minister’s message, given at the Guildhall, about wanting to see a more productive relationship, built on mutual trust.
I thank the Minister for his generosity in giving way. On that productive relationship and cultural exchanges—he may not be able to answer this question just now, but he can write to me or ask the Foreign Secretary to write to me—will he guarantee funding for organisations such as the British Council, which is doing remarkable work in places such as Russia?
Of course we support the British Council. The hon. Gentleman made a good speech, but I felt slightly sorry for him, because the former leader of the SNP is on RT, taking RT’s shilling. I can confirm that Alex Salmond’s show is already under investigation by Ofcom. It is rather difficult for the SNP spokesman to say anything on this matter when he is completely contradicted in his attitude and tone by his former leader.
I did not want to intervene again, but I feel obliged to do so. The Minister refers to a former Member of Parliament, but current Conservative Members are getting paid for appearances on RT. Does he think that that should be cracked down on?
It is wholly inappropriate to appear on RT, and I certainly would not do so myself, but the SNP needs to take a cold, hard look at itself and its relationship in that regard, because I do feel sorry for the hon. Gentleman, who made quite a good speech and lots of good points.
I want to respond to some of the points raised in the debate. The right hon. Members for Birmingham, Hodge Hill (Liam Byrne) and for Exeter (Mr Bradshaw) and the hon. Member for Ilford South (Mike Gapes) asked that this matter be a top priority for our national security strategy, and I can tell them that we take all allegations seriously and reassure them that the Russian threat, in all its forms, is a tier 1 national security issue.
Turning to the points made by the right hon. Member for Carshalton and Wallington, he asked whether there had been discussions with Facebook and others. The answer is that there have, and they have been led by DCMS, because we lead the overall relationship with the platforms. He also asked for political parties to be treated as critical national infrastructure, but we think they should be regulated differently. For instance, the National Cyber Security Centre offers political parties access to the best cyber-security guidance, and we will continue to strengthen that guidance. Political parties are different from CNI, and it is vital that we do not surrender our own values of liberal democracy in our response to this threat.
We welcome any ISC work in this area, including with the Electoral Commission, which has the resources and the powers to follow the money. Any international money that funds British political activity—political parties or regulated activity—is not appropriate. The question of whether the Electoral Commission can then go further and deeper is not relevant. The point is that if the money is international, it is not right. The right hon. Gentleman also mentioned imprints on online adverts, and I can confirm that the Electoral Commission is looking at that. He referred to RT, and a robust regulatory framework is in place for broadcasting, as has been discussed, and Ofcom has found RT to be in breach of the regulator’s broadcasting code on 13 separate occasions.
The right hon. Member for Exeter and the hon. Member for Rhondda (Chris Bryant) spoke passionately about their views on Russia. My hon. Friend the Member for Gainsborough (Sir Edward Leigh) and the hon. Member for Strangford (Jim Shannon) both made the point that the question is not about whether there have been Russian attempts at interference, but to what degree. I agree with them, however, that there is no evidence of successful interference.
My right hon. Friend the Member for New Forest East (Dr Lewis) has long experience in this battle for minds, and I strongly agree that it is crucial that online users are able critically to analyse and properly question sources of information and news, especially when they relate to political or polling activity. He is right that our best defence fundamentally is our critical faculty as a society, and long-term work to ensure that that is strong is important.
This has been a very informed debate. In recognition of the new threats posed by cyber, the National Cyber Security Centre, as mentioned by my hon. Friend the Member for Harwich and North Essex (Mr Jenkin), who is the Chairman of the Public Administration and Constitutional Affairs Committee, has stepped up support for political parties and parliamentarians to encourage them to protect the data they hold. There is a distinction, however, between cyber-security—attacks to break down data-holding systems, which the NCSC is built to defend and GCHQ is involved in—and the open publication of misleading disinformation. Of course there is an overlap, but they are two separable issues. In government, it is for the NCSC to deal with cyber-attacks, but not to make judgments about disinformation, because it is a security agency. That is a matter for the Government to take a view on, not the NCSC.
The UK electoral system is one of the most robust in the world, and our manual counting system is difficult, if not downright impossible, to manipulate through direct cyber-attack, but cyber is just one of the issues. The Electoral Commission was mentioned many times. It has opened investigations into several aspects of campaign financing, including around the EU referendum, and although I cannot comment on these ongoing investigations, it is right that we consider whether the Electoral Commission is equipped with the right powers to carry out its critical function.
There have been suggestions for how the rules might be tightened up, including ideas from the commission itself, and we will continue to consider what the right balance of tools and powers should be, with particular recognition of the increased role of social media and online platforms. This needs to be done in the context of fake news, as set out so clearly by my hon. Friend the Member for Solihull (Julian Knight). We share the House’s concern about the rise of fake news, and we fully expect social media companies, including but not limited to Twitter, Facebook, Google and Microsoft, to comply in full with the Digital, Culture, Media and Sport Committee’s request for information.
That brings us to one of the most important things that has come up in this debate. The Committee is due to examine top brass from Facebook, Google and Twitter at a hearing in February. These platforms recognise the problem, and we recognise the progress they have made, but there is far more for them to do on transparency and co-operation. This is a work in progress and there is much more to do. Frankly, we do not think that the Select Committee, on this issue, has been given the straight answers we would expect. So far the published information is entirely partial and wholly inadequate. It took the platforms a year to get up to speed with what to do in the US context, and this time they must do much better. We do not rule out taking further action if necessary. They need to be part of the solution, not part of the problem. The Chair of the Select Committee is an extremely reasonable man, and his reasonable demands must be met in letter and spirit. We welcome the inquiry and look forward to studying its findings closely.
Finally, as my hon. Friend the Member for Solihull said, the threats to our democracy are different from those in the past. They are vested no longer in tanks in the heart of Europe, but in the ether, in cyber-space, on the screens of our smartphones. We must have the confidence that the robust and free challenge of ideas is the best way to decide the future of our country, but political discourse must be based on objective reality, not malicious disinformation from abroad. Let us not fall into the trap of feeble relativism. Let us send the message clear and loud from this debate: true parliamentary democracy is better than autocracy, more free and more just. Once again, in a new generation, we are called to protect our freedom, justice and way of life. We must not fail.
(6 years, 11 months ago)
Commons ChamberMerry Christmas to you, Mr Speaker, and a happy Christmas to friends across the House, including the hon. Member for Weaver Vale (Mike Amesbury). In the past we decided to deliver broadband in Scotland through the Scottish Government. We provided additional funding in February 2014 to support further roll-out, but the Scottish Government have only just begun the procurement process using the funding and are not expecting to have an agreed contract until the end of next year—over three years behind Wales, England and Northern Ireland. In future, therefore, the Government will implement the new full fibre programme and the 5G programme directly with local authorities to ensure efficient delivery.
I thank the Minister for his response and for his recent visit to my constituency. Given the Ofcom “Connected nations” report, which describes the situation he has summarised—the Scottish Government have not even started the second phase of delivery—will he confirm that his Department will work directly with local councils in Scotland to implement future phases of broadband roll-out?
Scottish Tory Back Benchers have agreed that clause 11 of the European Union (Withdrawal) Bill is flawed and amounts to a power grab. Is the situation with broadband not the same, and is it not time that the Minister worked with the Scottish Government instead of trying to bypass them?
We have tried to work with the Scottish Government for years, but when the First Minister first took my hand on a cold Christmas eve, she promised me broadband was waiting for me. It is three years later and we are still waiting for the Scottish Government to get on with it.
My constituency is on the southern side of the border, which is just a line on the map as far as they are concerned. North Northumberland is still struggling to get the broadband it needs so that my many small villages are not cut off. Will the Minister ensure that, in 2018, we will see progress there?
Yes, absolutely, and increasingly we need to ensure that the delivery works on both sides of the border. Obviously, what matters is getting the roll-out of superfast broadband to everybody in the borders and throughout the country. No matter where the administrative boundaries are, what matters is getting broadband connections to people.
In this the season of good will, will the Minister join me in congratulating the Scottish Government following last week’s announcement that, despite it being a reserved matter, they are to invest £600 million in rolling out 30 megabit superfast broadband across Scotland, with priority given to rural Scotland, thereby making Scotland a truly world-class digital nation by 2021?
I will certainly join the hon. Gentleman in wishing a merry Christmas to everybody in the Scottish National party and the SNP Government in Scotland. I am delighted that, finally, three and a half years after being granted the money, they have got on with the start of the procurement, but it will take another year for the second phase of the roll-out to get going. He, and more importantly his constituents, will understand why we have grown tired of waiting for the Scottish Government and are getting on with delivering directly through local councils in Scotland in future.
Superfast broadband is available to more than 94% of homes and businesses in the UK. We are confident that that will reach 95% by the end of the year. More than 4.6 million additional homes and businesses have superfast broadband available for the first time thanks to the Government’s superfast broadband programme.
When it comes to broadband in rural Lincolnshire, there is not much of a season of good will. The fact is that even 150 years ago, the Post Office could roll out a universal service—it did not matter where people lived—but in many rural villages in Lincolnshire, including mine, the broadband is appalling. People are trying to do business in these villages, so will the Minister get his skates on and get BT to roll out broadband to them?
My hon. Friend is quite right, and I have some Christmas cheer for people in Lincolnshire who want better broadband, because yesterday we announced that we are taking forward the legal guarantee for decent high-speed broadband under the universal service obligation. All I can say on this, Mr Speaker, is that all I want for Christmas is USO.
I am not sure how to follow that, Mr Speaker. A number of villages in my constituency, including Spinkhill, Renishaw and those bordering the Peak District national park, are suffering from similar issues to those that have just been raised. Will the Minister outline all the work the Government are doing to try to improve that?
Of course, the USO for broadband will be UK-wide, so wherever someone lives in the UK they will have a legal right to high-speed broadband by 2020.
The right hon. Gentleman makes it all sound very exciting, I must say. I obviously have not lived yet.
Will the Minister join me in welcoming moves by the Advertising Standards Authority to ensure that providers advertise more accurate average broadband speeds rather than “up to” speeds? Will the Government push for that to be introduced immediately rather than next May, as currently proposed?
Yes, I strongly agree with the hon. Gentleman that the promises made on broadband need to be based on what people actually get, and the end of these so-called “up to” speeds cannot happen too soon.
Constituents in parts of my constituency, such as Cadney, Howsham and Cleatham, are getting very poor broadband services at the moment. Do they really have to wait until 2020 for the USO or will the Minister act more quickly?
I would like it to be in place more quickly if possible, but I am not willing to commit to that because this area has been bedevilled in the past by people overpromising and underdelivering. If we can go faster, we will, but we will have it in place by 2020.
The hon. Lady raises an important question. Of course, competition rules are rightly decided on independently in this country, so she would not expect the Government to express a definitive view one way or the other, but the question she raises is a very interesting one.
I declare an interest as the chair of the all-party group on commercial radio. Will the Minister update the House on the long-awaited but positive deregulation plans announced this week? Commercial radio has long been struggling with outdated, old-fashioned restrictions, meaning that the industry has been unfairly treated.
This week, we published the response to the consultation, which was incredibly warmly received. We will remove over 100 measures in the very outdated legislation on commercial radio to free up commercial radio stations to support their communities and to deliver for their audiences in the best way they see fit.
The residents of West Oxfordshire have welcomed the recent announcement by the district council and Gigaclear on the roll-out of broadband. Will the Minister join me in pressing for real progress in 2018 not only on broadband, but on mobile signals, with which so many villages suffer problems, including in my constituency?
Oh, yes. Tell me about it. My hon. Friend is completely spot-on. I pay tribute, at this Christmastime, to his personal leadership locally in delivering better connectivity across West Oxfordshire.
Members on both sides of the House may enjoy many festive films over the Christmas period. The Secretary of State will be aware that there are plans for a new film studio in my constituency, but will she do everything possible to ensure that that studio and creative industries across the UK flourish post-Brexit?
Since we are focusing on “Paddington 2” I should announce an interest because we are going this weekend—please don’t tell my son! “Paddington 1”, which we intend to watch on catch-up the day before, will be problematic because while some people are enjoying fibre lines and some have copper, we in some parts of Kent appear to have a hemp line that connects us to the rest of the internet.
I am pretty sure that my hon. Friend’s son does not watch Parliament TV, so his secret should be safe—[Interruption.] Well, he certainly does not watch it yet. My hon. Friend makes the point that we need decent connectivity everywhere, and the Government are bringing in the universal service obligation to ensure that decent broadband can be available to everybody, fulfilling our manifesto commitment and delivering that by 2020.
Last week the Gambling Commission issued a report that highlighted that 80% of young people aged between 11 and 16 have seen gambling on television, 70% on social media, and 66% on websites. Does the Minister agree that more action must be taken to educate young people positively about the risks of gambling, as that could help them to avoid gambling-related harm later in life? A statutory levy on bookmakers could go a long way to funding that education.
(6 years, 11 months ago)
Written StatementsThe Government have today confirmed that universal high speed broadband will be delivered by a regulatory universal service obligation (USO), giving everyone in the UK access to speeds of at least 10Mbps by the end of 2020.
Following the creation of new enabling powers in the Digital Economy Act 2017, we launched our consultation on the design of the regulatory USO on 30 July 2017. The USO will give households and small businesses a legal right to request a broadband connection from a designated provider who will be obliged to provide a connection, regardless of location, up to a reasonable cost threshold. Having carefully considered the responses, we will set out the design for a legal right to high speed broadband in secondary legislation early next year, alongside our detailed consultation response.
In the summer, we also received a proposal from BT Group plc to deliver universal broadband through a voluntary agreement. We welcomed the proposal and have considered this in detail alongside a regulatory approach. However, we have decided not to pursue BT’s proposal. We believe that only a regulatory USO offers sufficient certainty and the legal enforceability that is required to guarantee delivery of our manifesto commitment to ensure decent broadband access for the whole of the UK by 2020.
Working with Ofcom, we will now move ahead to take the necessary steps to implement the regulatory USO as swiftly as possible. Once we have laid the secondary legislation setting the specification for the USO, Ofcom will then carry out the necessary steps to put the USO in place to bring about faster broadband across the UK.
[HCWS375]
(7 years ago)
General CommitteesI beg to move,
That the Committee has considered the draft Electronic Communications Code (Jurisdiction) Regulations 2017.
With this it will be convenient to consider the draft Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017.
It is customary to begin by saying what a pleasure it is to serve under the Chair, but this time, Sir Henry, it really is true. I hope that Hansard will note my stress on the word “really”; it is always true, but it is especially true today. This is the first time that I have served under your chairmanship, and I hope the experience will be repeated many times.
The Digital Economy Act 2017, which received Royal Assent in April, included reforms to the electronic communications code, which provides the statutory framework for agreements between site providers and digital communications network operators. The purpose of the reforms in the Act was to make it easier and cheaper for digital communications infrastructure to be installed and maintained. Rolling out digital infrastructure is a critical task that the Government are pursuing, and we want to make it easier.
To ensure a smooth transition to the reformed code, a number of supporting regulations are needed. In addition to the draft regulations before the Committee, regulations to amend secondary legislation and make specific transitional procedures were laid before Parliament on 19 October. Those regulations were subject to the negative procedure and will come into force on the same day as the new code. The reformed code is subject to commencement under a separate statutory instrument, which we hope to introduce before the end of the year to ensure that the new code’s benefits are realised as soon as possible. The draft regulations before the Committee need to be in place as soon as the new code commences.
The draft Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 will simply amend references in other primary legislation to the existing code and its provisions, replacing them with terminology and cross-referencing that aligns with the new code. This will ensure clarity and consistency across the statute book.
The draft Electronic Communications Code (Jurisdiction) Regulations 2017 will implement one of the key code reforms: transferring jurisdiction for code disputes from the county courts to the lands chamber of the upper tribunal in England and Wales, and from the sheriff court to the Lands Tribunal in Scotland. This reform was strongly recommended by the Law Commission after consultation on the code and is expected to ensure that code disputes are dealt with more quickly and efficiently. Ensuring that our system is effective in tackling communications disputes is incredibly important for getting infrastructure rolled out as quickly as possible.
Hon. Members throughout the House understand the need to ensure that we have high-quality communications in the digital age and can get a mobile signal throughout the country. Although the code and the draft regulations are technical, they are a critical part of delivering that goal. I commend them wholeheartedly to the Committee.
I will briefly reply to put on the record this Government’s record performance on jobs, which the right hon. Gentleman somehow missed out of his assessment of the economy.
I agree with the right hon. Gentleman about the importance of extending digital connectivity. I note with regret the decision made in 2003—I do not know whether he was a Minister then, but under the Labour Administration he supported the decision not to put any coverage requirements on the 3G auctions. That led to the geographic weakness in mobile coverage in this country. We are working doggedly to put that right, and the regulations will help in that. As so often, we are clearing up where Labour made a great mess. I am delighted that today at least, the right hon. Gentleman has decided not to stand in the way of progress. I welcome his decision not to push the regulations to a vote and the cross-party nature of the work to clear up the mess that Gordon Brown left. With that, I am glad that this non-partisan debate can conclude.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Electronic Communications Code (Jurisdiction) Regulations 2017.
DRAFT COMMUNICATIONS ACT 2003 AND THE DIGITAL ECONOMY ACT 2017 (CONSEQUENTIAL AMENDMENTS TO PRIMARY LEGISLATION) REGULATIONS 2017
Resolved,
That the Committee has considered the draft Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017.—(Matt Hancock.)
(7 years ago)
Written StatementsUber has today estimated that the data breach which occurred in October 2016 has affected approximately 2.7 million user accounts in the UK that were using its service or working for the company in the UK at that time.
Uber have stated that this information included names, email addresses and mobile phone numbers related to accounts globally. Uber have stated they have not seen any indication that trip location history, credit card numbers, bank account numbers or dates of birth were downloaded. Based on current information, Uber have stated that they have not seen evidence that financial details have been compromised.
The Information Commissioner’s Office (ICO) have directed Uber to provide them with technical reports that should help UK authorities, in particular the ICO and National Cyber Security Centre (NCSC), to verify these figures and whether any additional types of personal data have been compromised. The Government expect Uber to co-operate fully and promptly with the ICO and the NCSC.
The ICO and NCSC will continue to work tirelessly with Uber to ensure this information is correct. The Government expect Uber to respond fully to the incident with the urgency it demands and to provide the appropriate support to its customers and drivers in the UK. Uber users should continue to be vigilant and follow the advice from the NCSC, which can be found on their website.
The Government take both the protection of personal data and the right to privacy extremely seriously. It is always the company’s responsibility to identify when UK citizens have been affected as part of a data breach and to take steps to reduce any harm to consumers, and it is welcome Uber has done this.
The Government are strengthening the UK’s data protection regime through a new Data Protection Bill, which will give more powers to the ICO to defend consumer interests and issue higher fines of up to £18 million or 4% of global turnover, in cases of the most serious data breaches.
The ICO, NCSC and other relevant authorities in the UK and overseas will continue to work together to ensure the data protection interests of UK citizens are upheld.
[HCWS287]
(7 years ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
(Urgent Question): To ask the Secretary of State for Digital, Culture, Media and Sport to make a statement on Government responsibilities and policies for protecting British citizens, following the theft of the personal data of 57 million Uber customers and drivers.
Late on Tuesday, we were notified by the media of a potentially significant data breach of Uber driver and customer data. Uber had failed to tell the UK authorities before it spoke to the media about this. The breach appears to date back over a year and to involve Uber paying criminals money to try to prevent further data loss. We are told that some UK citizens’ data is affected.
We are verifying the extent and the amount of information. When we have a sufficient assessment, we will publish the details of the impact on UK citizens, and we plan to do that in a matter of days. As far as we can tell, the hack was not perpetrated in the UK, so our role is to understand how UK citizens are affected. We are working with the Information Commissioner’s Office and the National Cyber Security Centre, and they are talking to the US Federal Trade Commission and others to get to the bottom of things.
At this stage, our initial assessment is that the stolen information is not the sort that would allow direct financial crime, but we are working urgently to verify that further, and we rule nothing out. Our advice to Uber drivers and customers is to be vigilant and to monitor accounts, especially for phishing activity. If anyone thinks they are a victim, contact the Action Fraud helpline and follow the NCSC guidance on passwords and best practice.
More broadly, the general data protection regulation and the new Data Protection Bill, which is currently before the other place, will introduce a package of tougher measures to address data breaches. Delayed reporting is already an aggravating factor, but the new Bill will require organisations to report breaches likely to impact on data subjects to the Information Commissioner within 72 hours of becoming aware of one. In serious cases, they will also have to notify those affected by the breach. The commissioner will have increased powers to respond in the way that she considers appropriate, including with fines of up £18 million or 4% of global turnover. We are making further assessments as I speak, and we will keep the public and the House updated.
I thank the Minister for that reply. Did I hear correctly that, even after the Government learned about the data breach, they are still not in a position to tell the public how many customers and drivers in the UK have had their personal data compromised? If so, that is outrageous on Uber’s part. Uber apparently paid criminal hackers $100,000 to delete the data and keep quiet, but what assurances do we have that the data of Uber customers and drivers is not in the hands of hackers or criminals today?
UK authorities have acted swiftly since the security breach came to light, so will the Government therefore push for the toughest penalties to punish Uber for this outrageous dereliction of its ethical and legal obligations to the public? Under EU law, Uber could face a fine of €20 million or 4% of its annual global turnover—whichever is greater—but the maximum fine from the ICO is just half a million pounds. Will the Minister review the maximum fines in the UK once we leave the EU? In any case, does he really think that a fine will cut it in this case? Does he think that a company that covers up the theft of data and pays a ransom to criminal hackers can possibly be considered a fit and proper operator of licensed minicabs in our towns and cities? If not, what are the Government going to do about it? When Transport for London finally took action over Uber’s abysmal safety record, the Conservative party handed out leaflets attacking the Mayor. Does the Minister agree that that is not a good look for the Government today, and will he revisit that choice?
Like the Minister, I am pro-tech, pro-competition and pro-innovation, but given that Uber stands accused by the Metropolitan Police of failing to handle serious allegations of rape and sexual assault appropriately, given that Uber has to be dragged through the courts to provide its drivers with basic employment rights and to pay its fair share of VAT and given that we now know that Uber plays fast and loose with the personal data of its 57 million customers and drivers, is it not time that the Government stopped cosying up to this grubby, unethical company and started standing up for the public interest?
Licensing taxi companies and private hire companies is rightly for local authorities. This is a data protection issue, and we are dealing with it with the utmost urgency. The hon. Gentleman mentioned fines, and we are currently legislating for the higher fines that I mentioned in my initial response, and that legislation will come to this House after Christmas. As for ensuring that organisations that think that the data they hold on behalf of customers or others has been breached, they already have a responsibility to protect that data. In future, they will have a responsibility to inform the authorities within 72 hours. Delaying notification is unacceptable unless there is a very good reason and is, as I said, an aggravating factor when the Information Commissioner looks into such cases.
I thank my right hon. Friend for his answers. Given the knowledge he has already gleaned from this disgraceful data breach, does he propose to make any further amendments to the Data Protection Bill, which has been brought before the Lords and which will come here in due course, to strengthen the powers to make sure that companies report such breaches at an early stage and take further measures to safeguard customers’ personal data?
We can debate that when the Bill comes to this House. As it happens, on our initial assessment, the two most concerning issues—the delay in notification and the need for recourse and fines, not just to punish bad behaviour but to incentivise good behaviour—are already covered in the Bill, but we can have that debate in due course, when we have a fuller assessment of the information and more confidence in that assessment, when the Bill comes before us.
When Transport for London announced on 22 September that it would not renew Uber’s licence in London, Uber emailed its customers the very same day to ask them to protest against the decision. Does the Minister agree that if it could email all its customers then, it should do so now, and begin that communication with an apology?
I would be grateful if the Minister answered the following questions. Can he give us a rough idea—I know he said he was looking into the precise figures—of how many customers and drivers in the UK had their personal information compromised by the hack and what kind of data was compromised? What was the first contact Uber had with the Government and when did it happen? When did he personally become aware of this security breach? In his view and that of the Government, has Uber broken current UK law? If Uber has not done so already, will the Minister or the Secretary of State call Uber into the Department immediately, or over the weekend if necessary, to explain itself and give more information about the breach?
Given the magnitude of the breach, has the Minister satisfied himself about the facts of the case, particularly given that if regulation requires strengthening, we can do it right now in the other place in the Data Protection Bill, as he has pointed out? I think that he said in his answer that he learned about the breach on Tuesday. Can he confirm that despite that, just yesterday in the House of Lords, the Government blocked the ability of consumer groups such as Which? to initiate action for victims of data breaches? Will he commit now—I think that he said he was prepared to make some movement—to reversing that position when the amendment comes before the House of Lords on Report, to show that we are on the side of consumers and employers, not huge corporations that are careless with our data?
I will try to address all the hon. Gentleman’s questions. We do not have sufficient confidence in the number that Uber has told us to go public on it, but we are working with the National Cyber Security Centre and the ICO to have more confidence in the figure. He will remember in the Equifax breach that the initial figure suggested went up. We want to get to the bottom of it and will publish further details within days, and if required I will be happy to come before the House to take further questions.
The hon. Gentleman asked when I personally knew about the breach. I knew about it when I was alerted by the media. As far as we are aware, the first notification to UK authorities—whether the Government, the ICO or the NCSC—was through the media. He asked whether Uber has done anything illegal under current UK law, which of course would be a matter for the courts, but I think there is a very high chance that it has.
The hon. Gentleman asked about taking action on behalf of data subjects following a data breach. I am strongly in favour of people being able to take action following a data breach, and we are legislating for that. The question debated yesterday in the other place was whether people should have to give their consent to action being taken on their behalf, and the whole principle behind the Data Protection Bill is to increase the level of consent required and people’s control over their own data. The proposed amendment pushed in the opposite direction, which is why we rejected it yesterday, but we will have the debate in this House, too.
The situation is extremely concerning not only for London users but for users of Uber South Coast, which operates in and around Southampton. What is the Minister doing to hold to account companies that lose data and then seek to hide from their responsibilities?
Not only will we, of course, use the full force of the existing law, but we are strengthening the law to give people more power and control over their data.
People across the UK will be shocked that Uber failed to notify the Information Commissioner, the National Cyber Security Centre or the UK Government. Given the current climate, covering up this breach and paying hackers could actually stimulate the growth of cyber-crime. What measures will the Minister consider to hold Uber to account? If people in Scotland are affected, will he work with the Scottish Government and share information with them?
Obviously, there will be an awful lot of very worried people out there with Uber accounts. Can we please have some reassurance from the Minister that, first, Uber will be held to account and, secondly, that we have the right legislation and structures in place to stop such things happening?
Yes, I give the assurance that, at this stage, our initial assessment is that, for Uber customers, the stolen information is not the sort that would allow direct financial crime. People just need to make sure that they do not respond to phishing emails and that they follow NSCS guidance.
Uber’s scandalous disregard for the rights of the millions of people who have entrusted it with their personal data shows that we need stronger protection. There was a suggestion in yesterday’s Budget that there will be a centre for data ethics. Can the Minister shed some light on the centre’s relationship with the Information Commissioner’s Office to ensure that we can deal with these over-mighty companies in the way that my hon. Friend the Member for Ilford North (Wes Streeting) suggested?
This is an important subject. The Information Commissioner, of course, is the regulator, and we think that there is a broader question to ensure that the modern use of data is both innovative and follows a decent set of ethics, which is what the proposed centre is all about.
Does my right hon. Friend intend to have any discussions with his international counterparts, given the international and cross-border nature of the problem?
Yes. As I said, we have already had discussions with the US Federal Trade Commission and with the Dutch authorities—Uber’s European headquarters is in Holland, so they are pertinent to the matter.
The Minister has mentioned the forthcoming data protection regulations, but there is currently no requirement for a private company to report a data breach, although it is recommended. What will the Government do, between now and the introduction of the data protection regulations, to ensure that companies make people aware when their data is stolen?
The new data protection rules will come into force on 25 May 2018, and it is important that we get the Bill through before then. The premise of the hon. Lady’s question is not quite right. It is already an aggravating factor if a breach is not reported promptly.
Market disrupters that not only rely on data but are driven by data will increasingly play an important part in the UK economy. What steps is the Department taking to ensure the confidence of the British public in such data-driven market disrupters?
The single best thing anybody in this House can do to try to improve our ability to respond to this sort of issue is to vote for the Data Protection Bill when it comes before this House.
I thank the Minister for his response. How will he enable big businesses to grasp their responsibility for private, detailed, confidential and significant personal data? They need to protect it as though it is their very own, and it is clear that at the moment they simply do not do that.
There is a lot of sense in what the hon. Gentleman says, and I hope that the action we are taking is everything we can do to keep people’s data safe in response to this incident. More broadly, strengthening the rules will help give people more control over their data and help to punish those who do not have high data protection standards.
(7 years ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
This has been a robust debate and I want to answer the points that were made very clearly. The debate was initiated by my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (John Lamont), and I am delighted that he and the other new Scottish Conservative MPs have done so much over the last few months to put Scottish broadband right under the spotlight. It deserves that attention, because it deserves to be better. I look forward to visiting my hon. Friend’s constituency very soon, as he asked. I will address all the questions that he raised.
I also agree with much of what the right hon. Member for Birmingham, Hodge Hill (Liam Byrne) said, not least that digital is vital for the future economy, and I agree with my hon. Friend the Member for East Renfrewshire (Paul Masterton) that inequalities must not be allowed to emerge. The right hon. Member for Birmingham, Hodge Hill called for accurate descriptions of speeds actually available, and I look forward to progress on that front coming very soon.
My hon. Friend the Member for Angus (Kirstene Hair) argued very strongly that broadband is no longer a “nice to have” but a modern necessity. She explained why it is so important, and how disappointed she and her constituents are that delivery of superfast broadband in Scotland has not been good enough. We need to see an improvement. I wanted to set that out today.
In Scotland, around two-thirds of premises have access to superfast broadband through commercial roll-out by BT, Virgin and others, but one third cannot get it through that commercial roll-out, so after 2010 we introduced a subsidised superfast broadband programme in Scotland, as we did across the rest of the UK. We gave £100 million of UK taxpayers’ money to the Scottish Government to deliver that programme. Today, more than 92% of premises in Scotland now have access. That is good news, but it is well short of the Scottish Government’s target of 95% by the end of the year. Unfortunately, Scotland’s roll-out of superfast broadband is behind the pace of the rest of the UK, where access is now more than 94% and on track to hit 95% by the end of the year. It is also behind Wales, where we also gave funding after 2010, and where the Welsh Government have not bungled the delivery like the SNP Government have in Scotland.
Will the Minister explain how the allocation of £100 million came about? That £100 million is roughly one third of what is needed to achieve the 95% target, whereas the £520 million allocation to England is half. How did that funding formula come about?
The Scottish Government got more than their fair share because they had a higher proportion needing supported rather than commercial access.
Until now, the Scottish Government have been happy to take the credit when things have gone right, but pass the buck when things have gone wrong—we saw more attempts at that this morning—so I am going to set out what has been going on. In 2014, we gave the Scottish Government more than £20 million for phase 2 of their superfast roll-out. Three years later, they have not only failed to sign that contract, but have not even opened the procurement yet. The Scottish Government are three years behind the fastest English local authorities in contracting for their roll-out.
In fact, Scotland is behind every single English local authority, behind the Welsh Government, behind Northern Ireland in getting going on phase 2 of its broadband roll-out. My own county of Suffolk, for example, has not only contracted phase 2; it has already contracted phase 3. There is a similar story in most other parts of the country—but not in Scotland. Worse, the Scottish Government project will not have contracts signed until the end of next year, which will be after the roll-out of phase 1 has finished, so they risk broadband delivery companies downing tools after completing phase 1 of the project, before phase 2 is ready to go. Elsewhere in the country, they got phase 2 going before the end of phase 1.
It is a great cause for regret that the Scottish Government have for more than three years sat on £20 million of UK taxpayers’ money, which could have been used to deliver broadband for the people of Scotland. The hon. Member for Argyll and Bute (Brendan O'Hara) raised the question of that £20 million. We offered it in 2014. A further £60 million is being returned from the first contract because of the level of take-up in phase 1, and another £14.5 million from underspending on that contract, and £30 million from city deals. In total, there is £125 million of UK taxpayers’ money waiting to be spent in Scotland—waiting for the Scottish Government to get on with it. So you can see why we and the people of Scotland are rightly frustrated at the Scottish Government dragging their feet.
Throughout the process, BDUK has offered technical support and assistance to Digital Scotland to try to get things going, but it seems that the Scottish Government’s fixation with pipe dreams of independence has distracted them from the job of delivering to the people they are meant to serve. It is part of a pattern.
As a result of our experience of delivering superfast broadband through the Scottish Government thus far, we have decided that for the next generation of broadband technology—full fibre—we will instead deal directly with local authorities across Scotland, as we do in England. We have already had a fantastic response, and I am looking forward to going to Aberdeenshire next week to see their pilot of a local full-fibre network project and to see progress on a test bed for 5G. I look forward to working constructively with Digital Scotland to deliver on the next steps of the superfast project and with local authorities across Scotland to deliver the next generation of technology that is coming rapidly.
The Minister said a moment ago that BDUK is on hand to offer technical solutions. Perhaps he is coming to my direct question on the problems of GigaPlus Argyll. BDUK offered no solutions; it absolutely abandoned GigaPlus Argyll and ignored me, as the Member of Parliament, on numerous occasions.
The hon. Gentleman should have been talking to Digital Scotland, because we gave the money to Digital Scotland to deliver, and for three years it has sat on that money and done nothing with it. What we need from the Scottish Government is not noise, but action for the thousands of people who have seen nothing but buffering while the Scottish Government have sat on their hands and sat on the money.
So, for clarity, is the Minister saying that BDUK has no role to play in the position of GigaPlus Argyll, despite it having been set up through BDUK? Is he saying that BDUK has no role to play for an elected MP to contact?
In future, BDUK and the UK Government will be delivering our full-fibre, next generation technology directly to local authorities in Scotland, instead of through the Scottish Government, because we have been so disappointed with the failure of the Scottish Government to deliver on money that has already been allocated.
Aberdeen has suffered from poor digital connectivity for too long. UK Government grants of up to £3,000 to get gigabit broadband are very welcome. Does the Minister agree with me that that investment will help support Aberdeen to continue to compete on the international stage in areas such as oil and gas, food and drink and life sciences? Does he share my belief that Aberdeen City Council would do a much better job of delivering that locally than the SNP Government in Edinburgh?
I wholeheartedly support that and I look forward to working with local authorities right across Scotland, of whatever political persuasion, as we have with local authorities across England whatever their political persuasion, and as we have successfully with the Labour Welsh Government, who have delivered better for Wales than the Scottish Government have delivered for the people of Scotland. This is not about party politics; it is about how to best get decent broadband to the people. That is what I care about. We have had failures from the SNP Government, so we are going to go direct to local authorities, and I look forward to working with Members right across Scotland to make sure we can get that delivery.
In the meantime, of course I look forward to working with Digital Scotland on the contracts that are already in place to get to the end of that roll-out. I plead with the Scottish Government to get a move on. We stand ready to help get broadband to the people of Scotland. We will do everything we can to make that happen, but our patience with the Scottish Government when it comes to the next generation of delivery has simply run out.
(7 years ago)
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The hon. Gentleman makes a fair point. There is much more to do, and I will come to that in a moment.
Media City has been a huge success and has boosted other creative industries in the region, although it took some time to convince certain people that there are nice places to live that are not in London and that northerners do not keep coal in the bath and ferrets up their trousers.
The BBC’s natural history unit, which produces excellent documentaries, is based in Bristol. There has been investment in Birmingham and Belfast. As the hon. Member for Solihull (Julian Knight) said, there is a lot more to do. The BBC needs to do much more to reflect the diversity in this country.
It is a great pleasure to serve under your chairmanship, Mrs Moon. This has been a generally cheerful and thoughtful debate. I would first like to thank the tens of thousands of people who engaged with the petition process and ensured we are debating this issue today. Whether hon. Members agree with them or not, we would not be having this debate if it was not for people signing the petitions. E-petitions are a relatively new innovation in this House—they are less than a decade old—and the fact that we are having this debate and airing these issues demonstrates that the process is working and that our democratic institutions are responding to the citizens we serve.
The hon. Member for Warrington North (Helen Jones) is the embodiment of that principle. I thank her for her introduction. I was interested in how she would speak to the two petitions. She was clear that she did not agree with their thrust, but she faithfully set out the arguments and opened up the debate. If people a sign a petition, it is very important that their views are expressed, even though it is right that Members express their own views. The hon. Lady made an excellent speech. The Churchill quotation that she referred to—she said that the BBC is the worst system except all the others that have been tried from time to time—came up many times during the debate.
Most Members generously supported the BBC’s funding model. Others did so more grudgingly, but did not actually support the petitions. Some said that the BBC is full of lefties. That may well be true now, but it was not always so. The truth is that we fished out the best talent in the BBC, and they are now Conservative Members of Parliament. It is good to see so many of them here today. Perhaps there are only lefties left in the BBC.
Hon. Members raised the issue of diversity, about which every institution faces questions. The recent revelations, thanks to the transparency measures we introduced, demonstrated some of the concrete changes the BBC needs to make with respect to diversity and equal pay, but that is true for many institutions, including Parliament. It is a fact that, in this debate, there are as many white men from Chester as women.
My goodness! There are more people from Chester than women in this debate. What is it about the wonderful, great city of Chester that leads to so many people with an interest in one of our greatest national institutions? Chester, the city of my birth, is a great place. I was shocked to hear the hon. Member for City of Chester (Christian Matheson) describe himself as a leftie—he has never given any indication of that before. In this debate, like many others, he is probably closer to the Government position than to that of the leadership of his own party.
I am amazed at how much spare time the hon. Member for Cardiff West (Kevin Brennan) has to watch things on the BBC, to write texts about chaperoning Mrs Balls around the Labour party conference, to watch 1970s music programming and even to appear on Dave. I am delighted that he has spared a bit of time to turn up.
I am grateful that the hon. Member for Argyll and Bute (Brendan O’Hara) declared unambiguously the Scottish National party’s support for the BBC, but he made some unreasonable attacks because he was unhappy about what he perceived to be the BBC’s balance, which is a pity. He might be unhappy with the outcome of the referendum, but I think that the reporting surrounding the referendum truly demonstrated the impartiality to which the BBC is committed. When it comes to the BBC’s representation and its expenditure on programming around the UK, the clue is in the name: the BBC is the British Broadcasting Corporation, and it has a duty to spend money in—and, indeed, to reflect—all parts of the UK. Whether it is the west midlands or each part of Scotland separately, it does that. That is true for Wales, Northern Ireland, the west midlands and cities within Scotland—it is not just about Scotland as a whole. It is the British Broadcasting Corporation, and it rightly serves the UK as a whole.
For the record, will the Minister confirm that he thinks it is acceptable that Wales gets 95% of spend, Northern Ireland gets 75%, and in 2015-16 Scotland got 55%? Is that acceptable?
I was just coming on to that. As the BBC’s new regulator, Ofcom will require the BBC to allocate its TV network spend and programme hours based on population, and in Scotland that will mean at least 8% a year. Because the Government represent and govern the whole UK, we are dealing with that point, but the way to do so is to help the BBC ensure that it reflects the whole nation, rather than make unreasonable and mean-spirited attacks on it.
Let me move on to some of the other speeches. My hon. Friend the Member for Eastleigh (Mims Davies) expressed her strong support for the BBC, and in particular for the increased transparency and accountability that we have brought to it. I have enormous respect for her—I consider her a friend—but I want to pick up one little thing. She said that people do not have a choice not to pay the licence fee, but as we discovered from the hon. Member for Kilmarnock and Loudoun (Alan Brown), they do have the choice if they do not watch TV or use the iPlayer. It is not a choice that many people exercise, partly because of how brilliant BBC content is, but they do have it.
Many hon. Members called for more flexibility. As part of the BBC charter renewal, we are introducing a contestable fund, which will ensure more flexibility on how licence fee money is spent on different programming. We will introduce details of the contestable fund shortly.
My hon. Friend the Member for Bexhill and Battle (Huw Merriman) made an excellent speech, and he made a point that I want to pick up. He said that content should be neutral. I think that the language we use is incredibly important. I do not think that the BBC should be neutral; I think it should be impartial. There is an important difference between the two. It should not simply take a neutral position between two stated arguments and split the difference. It should carry out an active, muscularly objective, fact-based analysis of the arguments, then put forward an impartial point. That is actually much harder. It requires more judgment and probably more self-confidence. The BBC should be aiming for true impartiality, based on objective analysis of the facts before it. For instance, my hon. Friend mentioned the slip about universal credit this week. I think that, culturally, the BBC should be appalled when a slip or a factual error is made. It happens, although it is rare. We all make mistakes. The BBC’s attitude should not be defensive; rather, it should be open and responsive to criticism.
My hon. Friend the Member for Eastleigh and the hon. Member for City of Chester talked about “Blue Planet II” and the value that the BBC can put into productions, but there is a bigger point. Of course, the BBC has great production capacity and can set long-term budgets. The poor, poor producers of “Blue Planet II” had to go to the south Pacific twice in two years— we all feel their pain—because they missed those extraordinary scenes of the fish shooting up while they were spawning, which we enjoyed. But that is changing, and the context is changing—the length of the BBC funding settlement is not changing, which is a good thing, but the context is.
The nature of the internet means that people now reach global audiences quickly, with Netflix the best embodiment of that, so the BBC is increasingly competing against production budgets in the private sector that are predicated on a global audience. Hence Netflix can pay an enormous amount for a production, whereas the BBC relies on licence fee income plus commercial income, largely from Worldwide which is the commercial exploitation of BBC content. I agree, however, that the BBC has an opportunity to broaden where it gets such revenues from, and I was interested that the director-general talked recently about how to make the most of the amazing back catalogue and see whether the BBC could monetise it further in order to put more into production. That was discussed by several Members, and it was interesting.
The hon. Member for East Londonderry (Mr Campbell), with whom I have debated this subject in the past, pushed hard for more transparencies, some of which we are bringing in, especially on pay. He also wants greater transparency in commissioning, and we have been through some of the detail of his concerns. As I have said in the past, the BBC must engage with those concerns and ensure that it listens to them, responding appropriately. Also, I always stand by to assist him in getting the responses he needs.
I come now to my hon. Friend the Member for North Devon (Peter Heaton-Jones), who made a brilliant speech—a forensic dissection of the petitions worthy of a journalist of 17 years who trained at the BBC. It was also a brilliant exposition of the BBC funding model—he went further than the hon. Member for Cardiff West who said that if we did not have it, we might not invent it—and how, if it did not exist, we might want to invent it as it is. He also made the point, however, about the need not only for a broader range of people but, crucially, a broader range of people reflecting the whole of Britain.
The BBC has a special responsibility for diversity in its broadest sense, not only in the important protected characteristics such as gender, race, sexual orientation and disability. Those are important, but so is ensuring that BBC, in front of and behind the camera, represents and reflects back to us the nation that we live in. There is no doubt that the BBC is the finest mirror we have on our society. It is incumbent on the BBC, from the programme makers through to those who are on screen, to lead rather than to follow, and to ensure that they represent and reflect the whole of the country they serve.
I will touch on a couple of other points. It is clear to me that this debate has broadly reflected the views of the country. Recently we had a charter review, one of the biggest consultations undertaken by Government. We received 192,000 responses and engaged with more than 300 organisations and experts. The process was overseen by my right hon. Friend the Member for Maldon (Mr Whittingdale) who is no wet blanket and by no means an instinctive cheerleader for the BBC, yet we have come up with a solution that has a broad consensus of support behind it.
The Minister is moving on from the contributions made by hon. Members, but may I remind him that part of my speech touched on the threatening nature of the letters from, and the harassment and intimidation by, TV Licensing? I was hoping that he might respond to that at some point.
I am extremely grateful to the hon. Gentleman for reminding me of that, because I had buried the relevant piece of paper underneath an extremely elegant and new description of who is sitting where in the Chamber. The Perry review found that the existing regime is broadly fair and proportionate. However, when it comes to ensuring that those letters are worded appropriately and to their tone, we expect the BBC board to keep that under review, and I am sure that the hon. Gentleman will help. Members across the House have spoken about the tone of the letters, and in no circumstances is it reasonable for people to be presumed guilty until they are proven innocent. The opposite is rightly true in the system we have in this country.
I was talking about the scale of the consultation. The existing model has wide public support: 60% of consultation responses indicated that no change was needed to the licence fee model and only 3% favoured full subscription funding. That has been reflected in today’s debate. We are committed to maintaining that model for the duration of the 11-year charter period, which will provide the BBC with the funding certainty that it needs.
There is also a commitment to considering whether elements of subscription have a role to play in future funding alongside the core licence fee model. It is for the BBC to set the scope of those plans, but we expect progress. The success will be appropriately reviewed to feed into the next charter review process. As my hon. Friend the Member for Solihull (Julian Knight) pointed out, there are ways to add subscription funding on to the core licence fee—BBC Worldwide does that already—and the BBC’s existing content is a huge potential source of wealth.
In wrapping up, let me say that if we assess the value for money of the BBC, for approximately 40p a day we are offered an unrivalled range of services, including seven national TV services, more than 50 radio services and digital services including the iPlayer, as well as some of the further efforts that the BBC makes on education. That represents great value for licence fee payers. The introduction of the contestable fund; the need to consider the future of children’s content, which was raised by the hon. Member for Cardiff West; the need to ensure that local areas of the country are fairly represented; the support for local news; and, in this era of an increasingly disrupted and diverse range of news sources, the need for objective, factual news domestically and around the world, mean that the case for the BBC as funded by the licence fee is incredibly strong.
Ultimately, our democratic discourse and our freedom as a nation are underpinned by having a debate based on an agreed set of facts that can be objectively verified. In this disruptive digital world, the BBC plays a vital role in helping to improve the quality of that public discussion and in enhancing the quality of public understanding. Although I would push it harder on diversity of thought and distinctiveness of programming, the value that the BBC adds to our public debate and of course to our enjoyment, whether on a Saturday night or at any other time, is second to none.
Before I end, let me add that the support for S4C, which was mentioned by the hon. Member for Ogmore (Chris Elmore), is incredibly important. With that, I bring this lively debate to an end. I submit that we have faithfully debated the petitions and I look forward to continuing this debate in the months and years ahead.