General Election (Leaders’ Debate) Bill

Oliver Dowden Excerpts

Friday 15th March 2019 Commons Chamber

[The Parliamentary Secretary, Cabinet Office (Oliver Dowden)]

May I begin by associating myself with the comments of the hon. Member for Leigh (Jo Platt) about the appalling attack in New Zealand? As my right hon. Friend the Security Minister made clear this morning, the Government show solidarity with the people of New Zealand.

I am grateful to my hon. Friend the most capable Member for Wellingborough (Mr Bone), who spoke most entertainingly in this important debate. I hope that I have repaid the compliment that he paid me in his opening remarks. As he rightly said, this topic has received some attention recently. There was a debate on exactly this topic in Westminster Hall in January. I take a personal interest in the matter: when the first leaders’ debates were being discussed and prepared for, I was working for David Cameron when he was Leader of the Opposition, so I have seen this process all the way through.

As the hon. Member for Ipswich (Sandy Martin) said, televised leaders’ debates are an important campaigning tool, allowing members of the public to access and reflect on the key message of political parties in the comfort of their own home, through their television sets and other devices. They also have broad appeal, reaching members of the public who have traditionally been disengaged from politics, and there is plenty of evidence that members of the public find televised debates informative and engaging.

I am clear that TV debates can be a useful part of the democratic process. The question for this House today, though, is whether they require primary legislation to regulate and mandate them. The Government do not believe, on practical and principled grounds, that there is such a case. Over the coming minutes, I will try to develop that argument a little further, starting with clause 1, which sets out duties for the establishment of a proposed commission.

The Bill provides that the commission would have a statutory duty

“to maximise…the number of viewers of the debates it oversees, and…the wider media coverage of those debates.”

It is an admirable aim to maximise such engagement. However, both these duties are better served in the hands of broadcasters, rather than in the hands of an independent commission. Broadcasters have the incentive, infrastructure and expertise to design and deliver media content that the public wish to consume. As has been acknowledged by many hon. Members, broadcasters have in the past successfully delivered televised debates without the need for legislation, mandation or an independent commission.

My gut instinct—as a Member of this House, a Minister and, indeed, a Conservative—is that one should not seek to regulate unless it is absolutely necessary. In this case, I am not convinced of such a necessity. Particularly when we are dealing with a scenario of potentially infringing the rights and freedom of the press and broadcasters, we must have a very high bar for such regulation in the first place.

Clause 2 sets out a highly prescriptive framework, with various rules for how the debates must be conducted. As my hon. Friend the Member for Wellingborough highlighted, it requires a precise number of debates, mandates leaders’ attendance and requires all political parties to be represented. I fear that this creates a very inflexible framework. The clause is even more prescriptive when it comes to timing, mandating that certain debates have to be held within 19 days of polling day, but it is not quite clear why.

[Mr Bone]

I omitted to point that out in my speech. The reason is that there are effectively two polling days—the day when the postal votes go out, and the day of the general election—so one of the debates would be close to the general election and one would be when the postal votes go out. I am sorry if I did not make that clear.

--- Later in debate ---

[Oliver Dowden]

I thank my hon. Friend for that clarification. None the less, there is a lack of flexibility. For example, if there was a major incident, which we have seen in the past, and it was deemed that it would not be appropriate to hold the debate on such a day and broadcasters wished to move the date, the legislation does not currently provide any such flexibility. Such prescription would also make it harder for broadcasters to determine the precise date on which they would maximise coverage. For example, they may decide that a Sunday would provide more coverage than a Monday evening.

Similarly—this important point was raised by my hon. Friend the Member for Boston and Skegness (Matt Warman)—clause 2 is very prescriptive about the participation of political leaders, and it does not permit them to send someone in their place. My hon. Friend the Member for Wellingborough made a reasonable and good argument for why one might wish to compel the leaders of political parties to attend such a debate, but there are many reasons why it may, for legitimate reasons, not be appropriate. For example, if the leader of the party in question is not represented in this House, we may well wish the leader of the grouping in this House to participate in the debate, since they would be the person who would ultimately become Prime Minister, should they be successful.

Moreover, there is still a considerable problem about the exact sanctions if the legislation is not adhered to. There have been jokes about whether a party leader should be sent to the tower if they fail to turn up, but this is an important question. If the legislation is to have any meaning, it must have a meaningful sanction behind it, and there is no clarity on that.

[Mr Bone]

I am grateful to the Minister for giving way again. The point was that we do not really need to have a sanction, because if the leader of a political party wants to break the law, that usually damages the political party. That is the effective sanction.

[Oliver Dowden]

My hon. Friend makes a good point. None the less, when we are drafting primary legislation, we should have clarity about the sanctions that flow from a breach of laws passed by this House.

There is also the question of the membership and operation of the independent commission. The Bill states that the commission’s operating expenses

“are to be funded by television broadcasters by agreement.”

Failing that, the Secretary of State may impose a levy. My hon. Friend usefully clarified that broadcasters have indicated that they would be willing to pay such a levy, but I remind Members that the exact way in which such a levy is determined and who should pay it is often terribly complicated. For example, the establishment of post-Leveson press regulation was certainly not easily determined. Licensed broadcasters already pay a licence fee to Ofcom, so this would be a further burden on them.

Moreover, televised leaders’ debates are already subject to agreement between broadcasters and political parties. Broadcasters have been known to collaborate between themselves on the format and delivery of televised leaders’ debates. They are well-placed to lead on such decisions, as they have both experience and expertise in broadcasting televised leaders’ debates. Each broadcaster also brings their individual, distinctive approach to such debates, as we have seen in previous leaders’ debates.

In addition, there is a considerable body of evidence on this point. For example, on 13 May 2014, the House of Lords Select Committee on Communications published its findings on broadcasting general election debates, and having looked at whether an independent debates commission should be set up to oversee televised election debates, it found no substantial evidence to support such a proposal. There is similar evidence from Professor Charlie Beckett, of the department of media and communications at the London School of Economics.

I would like to address the point raised in particular by the hon. Member for Lincoln (Karen Lee) about the attitude of the next generation. I think there is a lot of evidence that the next generation is increasingly moving away from conventional broadcast media to consuming news and current affairs in many different forums, such as Facebook and Twitter. For example, a report by Ofcom entitled “News Consumption in the UK: 2018” found that eight in 10, or 82%, of those aged 16 to 24 used the internet for news, compared with just six in 10 who used television. [Interruption.] It seems a little strange to seek to regulate conventional televised leaders’ debates, even if, as the hon. Lady says from a sedentary position, there is an opportunity to stream such things, because there are increasingly other forms of leaders’ debates that do not take place in a television studio—for example, there are mechanisms for having Facebook debates. This Bill seems to be looking backwards, rather than forwards to the future of broadcasting.

In conclusion, while we have heard a number of strong points on this topic, particularly from my hon. Friend the Member for Wellingborough, there are very obvious deficiencies in this Bill. For that reason, the Government do not support it. We continue to believe that this is best determined by broadcasters and political parties, so we will not support this piece of legislation.

[Madam Deputy Speaker (Dame Eleanor Laing)]

The debate has concluded, but I hesitate to put the Question, as the hon. Member for Wellingborough (Mr Bone) has indicated that he wishes to withdraw his Bill. Does he seek leave to withdraw the motion?