Public Broadcasting in Scotland

Philippa Whitford Excerpts

Thursday 15th June 2023 Westminster Hall

[Pete Wishart]

Absolutely, and I look forward to his closing remarks in this debate. The Scottish Affairs Committee held evidence sessions for this inquiry between July 2021 and January 2023. In that period, we examined the performance of public sector broadcasters in Scotland, and the general environment for broadcasting in Scotland. The Committee’s report was published on 2 March 2023. We found that Scottish broadcasting is generally in a reasonably good place. Scottish viewers can access a wide range of content, whether through the new streaming services that are now in practically every household, or through the established means of public service broadcasting. The services offer TV content that is made specifically for Scottish viewers—Scottish content—and globally recognised shows that are filmed in Scotland.

The screen sector is worth about £500 million to the Scottish economy, and between them STV, ITV and BBC have jointly spent £71.3 million on first-run content made specifically for viewers in Scotland. We have all seen the fantastic new programmes and series that have started to emerge across a number of services, including “Shetland”, “Outlander” and the fantastic “The Rig”, starring Martin Compston, which I think we have all particularly enjoyed over the past few months. Some of those shows have resulted in a nascent hospitality and tourism sector in some areas; people come to see where famous “Outlander” scenes featuring Jamie were filmed. I was in the States recently with colleagues from the Committee, and that was one of the points that came across to us: people were keen to come to Scotland to see the many locations where these fine shows were shot. I am delighted to be joined by colleagues from the Committee, who I know will be keen to contribute to today’s proceedings.

We also found that the independent production sector is thriving. The Committee heard from various witnesses that the prospects for independent TV producers in Scotland are better than they have ever been. That is great progress since the last time we looked at broadcasting some eight years ago.

As hon. Members would expect, we also identified a number of difficulties, challenges and issues, which our report highlights. The first regards Freeview, which is very important for Scotland. Scotland has more Freeview viewers than anywhere else across the United Kingdom; a third of Scots depend on Freeview as their essential and exclusive means of accessing content. The Government’s intention is to keep Freeview going until 2034. Our report asks for that to be continually reviewed. We should look at the numbers and ensure that Freeview will still be available to Scottish viewers at that point.

We looked at issues around the proposed privatisation of Channel 4. When we started the inquiry, it was to be privatised, and by the end of it, it was not. The Committee is very proud of one thing that came out of the inquiry: through our conversations with Channel 4 executives, we managed to secure Scottish participants on “Gogglebox”. It is not often that a Select Committee can claim any sort of success, but we were able to ensure that when we watch “Gogglebox”, Scottish participants will be there.

On inter-Government relations, which my Committee obviously has a rolling brief on, we called for a new inter-ministerial group on media and culture. It would serve as a forum for joint working between UK and Scottish Ministers, and help to improve outcomes in the screen industry across the whole of the United Kingdom. The Government response was received on 19 April and we published it on 28 April. In their response, the Government noted that the draft Media Bill was introduced to the House on 29 March and confirmed to us that

“a Culture and Creative Industries Inter-ministerial Group will be set up this year”

to support intergovernmental relations. The Committee particularly welcomed that. In his summing up, can the Minister tell us what progress has been made on establishing the group, and whether he has had time to consider the terms of reference under which it will be established?

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

A positive change in recent years is that independent producers are not all sitting in London. It used to be that people in the creative industries eventually had to come to the capital of the UK, or else they could not progress. Does my hon. Friend celebrate Channel 4 not only not being privatised, but opening a hub in Glasgow, where it is promoting training and access to skills in the industry, so that it will hopefully thrive even more?

[Pete Wishart]

My hon. Friend is quite right to point to those innovations, which we welcomed in the inquiry and report. The developments she mentions are significant. I remember the situation when I was a new Member of Parliament: London-based producers and commissioners did most of the commissioning when it came to Scotland. Now, there are opportunities for people in Scotland to ensure that commissions are considered by a whole range of public sector broadcasters, as well as the streaming services.

Two issues dominated the inquiry and report, and we spent a little time looking at both to see if there was anything we could do to help resolve matters associated with them. It will not come as a surprise that the first was the prominence of Scottish television, which is timely given that prominence is considered in the draft Media Bill. There are a couple of things I want to press the Minister on a little more. There is no statutory requirement for public service broadcasters’ on-demand streaming services such as iPlayer or STV Player to be featured prominently on smart TVs or streaming sticks. That risks public service content becoming more difficult to access in the shift away from traditional TV broadcasting modes. We heard that the new TV platforms do not give that type of content the same sort of prominence as is secured on Sky, Freeview or Virgin TV, which have the benefit of the electronic programme guide that ensures that stations such as STV are prominently featured. I think STV is No. 3 on both Sky and Virgin TV and is easily found on the Freeview service.

New legislation to ensure prominence for public service broadcasters’ on-demand services on internet-enabled TV was unanimously supported by all public service broadcasters who came to our Committee. It was something they were keen to stress to us throughout all our evidence sessions. The Committee’s report recommended that the UK Government bring forward “time-sensitive reform” within two months of the report being published. Within that time period, the Government brought forward their draft Media Bill and mentioned prominence in the provisions. I look forward to the Minister’s remarks on that; however, it is only a draft Bill with no time.

I heard the comments today at Culture, Media and Sport questions: we still do not know when the Bill will be introduced to Parliament, and the Minister was not able to reassure us that it would be delivered in this Session. That is important. Is there anything, over and beyond what is in the draft Bill, that the Government could do to address the issue of prominence? I worry that if nothing is done to resolve the issue, the habit will be formed, and systems might become embedded that make it difficult to locate services. I appeal to the Government to have a look at that again. The draft Bill would allow regional variation in the degree of prominence that regulated internet-enabled TV platforms would have to give certain content, but we need progress on that as a matter of priority.

Another issue, not covered much in the report, has emerged since its publication. In a recent meeting, STV was keen to communicate to us what was being asked of public sector broadcasters such as STV that wished to be hosted on big global networks, such as Amazon. STV told us that Amazon had indicated that it wants 30% of STV Player inventory to sell its own ads as a prerequisite if the STV player is to be on Amazon’s platforms. Thirty per cent of total assets is an almost outrageous demand. That is something that Ofcom can resolve; it has the regulatory powers to get involved in such situations, and I hope that encouragement from the Minister might just encourage it to do so. This issue is exercising colleagues in Scottish television, and it may inhibit their ability to appear on some of the big global network platforms.

--- Later in debate ---

[Pete Wishart]

I was loth to use the word “blackmail”, although it is pretty hard to get away from that term, given that this is a gun to the head for so many public sector broadcasters. My hon. Friend is absolutely right about the sense of not being left behind. Because of Amazon’s importance, its worldwide reach and ability to get into households in Scotland, broadcasters have to take it seriously. He and all my colleagues listen carefully to representations from Scottish television. I hope that the Minister can put this right.

[Dr Whitford]

On that point, the sheer eye-watering ask of 30% of revenue could encourage other platforms, including those that are created in the future, to push for the same amount. That would quickly wipe out the viability of public sector broadcasters such as STV.

[Pete Wishart]

My hon. Friend makes a very good point. We have discovered that public sector broadcasting in Scotland is in a reasonably good place, but it remains fragile. Recovery and being able to provide the content that Scottish viewers want is important, so we have to be careful with all this. I know that the Minister is listening carefully, and I am sure that we will hear from him about this issue being taken forward.

[Pete Wishart]

Indeed. Unfortunately, we were not able to press the main streaming services on this issue when they came to give evidence, because it had not emerged as a particular difficulty at that point. As my hon. Friend rightly points out, witnesses did say that there is a good relationship between the streaming services and the public service broadcasters. We heard in the Committee that there is room for everybody. Obviously, people who are in the habit of watching “Eastenders” or “Coronation Street” will prefer to watch public service broadcasters through Freeview, and that will be their evening viewing. Other people like to watch feature films and to binge on mini-series.

We have found a positive broadcasting environment that enables viewers to access a range of content that was unimaginable when the Minister and I were mere slips of boys watching glorious coloured television for the first time, as well as—when Channel 4 arrived—“Brookside” and “The Tube”. These are different days. It is unfortunate that there seems to be a dispute. It has really put a spoke in the works of what was described to us as a healthy working arrangement. We hope the issue can be sorted out.

There is one thing that we are not making progress on. It will not surprise you, Mr Efford, to see football—or “the fitba”, as we say in Scotland—come up in a debate on broadcasting in Scotland and what is available to viewers. We did not really expect, although we should have, that once we started bringing people in to discuss this topic, football would become the main focus of conversation.

What is happening to Scottish football fans is excruciatingly unfair. This conversation is timely because the Euro qualifiers return on Saturday, with the mighty Scotland taking on Norway. As you know, Mr Efford, we are top of group A, looking down at Spain, Norway and the rest of them below. Never before—or not since probably 1998, when we were last in the World cup—has Scotland had such an exciting national football team. People want to watch it. There is huge excitement about international football and the prospects for the Scottish football team. The only problem is that we have to pay to watch it. We are the only part of Great Britain where that happens; Northern Ireland is in the same situation. People in England and Wales can watch their national football team free to air—no problem. But in Scotland, they have to fork out or go to the pub to watch it with friends. That is not a bad prospect, but why is it only Scots on this island who have to pay? And the cost is not cheap.

In a competition to secure the rights to host and broadcast Scottish football, Viaplay was successful, and it has the rights until 2028. A standard Viaplay subscription for a month is £14.99. Viaplay has been reasonably generous and allowed a package that amounts to £59 if someone takes up the opportunity to buy for this year. We have a cost of living crisis. People are struggling to meet household bills. Mortgage rates are going through the roof. We still have very high energy costs. The subscription is a lot of money to ask people to pay when everybody else in the United Kingdom is able to access and watch the football for nothing.

Before Viaplay, the rights were owned by Sky, which had the rights during the 2018 and 2022 World cup competitions, as well as during the UEFA European championship in 2020, which were all shown on Sky. To show how important this is and what a big issue this is for Scottish football fans, in an online report by The Scotsman in November 2020, 92% of respondents agreed that Scotland’s men’s national football team games should be available on free-to-air TV.

We know the situation is complicated. We know there are lots of complex arguments, and that the future of the national game is in question. The Scottish Football Association relies on the money that it secures from selling the rights to a variety of broadcasters. Without that, it would not be able to invest in grassroots sport or support and resource a number of activities, so it is immensely important to it. It cannot gift this away for nothing. It rightly relies on the money to develop and build the game. All that has to be taken into account, and nothing should be done that would threaten that type of investment and resource.

There are ways through this. We identified two ways forward in the report. One is a voluntary arrangement between the Scottish Football Association and Scottish football fans and the rights holder. It is worth highlighting a couple of examples of how this could work. When Sky had the rights, it allowed the play-off final between Scotland and Serbia in the last European cup to be broadcast free to air, so that Scottish viewers could see it. During our inquiry there was a generous offer once again by Sky. Scotland had qualified for the final of the play-offs, and that was going to be free to air, too. Those are the sorts of voluntary arrangements that football fans would love the broadcasters to make. It is a generous offer that would be recognised and celebrated. It might even encourage take-up of the subscription services. That is a way it can be done, and we encourage more discussions and conversations about allowing particularly critical games to be free to air.

As for the listed events schedule, things are a little more complicated and technical there, but it is within the gift of the Government to say that those events should be free for Scottish viewers, recognising that everybody else in the UK has an opportunity to watch their country’s games. Can Scotland’s qualifying games be included? I know that is not the Government’s intention, and that they would have problems with such a thing, but perhaps this could be done, with compensation given for the loss of the revenue that the Scottish Football Association would normally secure from selling off the rights.

We have to start addressing this issue. I had a look round the whole of Europe to find out what other major footballing nations had done. It could be argued whether Scotland is a major footballing nation, but we are huge supporters, and we love our football. Looking at the teams that normally qualify, Scotland is one of the few countries in Europe that cannot access their national football team’s games, free to air.

[Dr Whitford]

I read somewhere—although I cannot vouch for the accuracy of this—that in relation to the size of its population Scotland has one of the highest attendance rates at football games, where people are engaging. But is it not vital that young people who are not going to games are able to see their team playing? We talk in lots of other sectors about the need to see role models in order to aspire. My hon. Friend talked about grassroots football being supported by the revenues, but it will not be there if we do not inspire children to want to go and play the game.

[Pete Wishart]

Absolutely—my hon. Friend is spot on. Scotland is a football-crazy nation, and it has been substantially proven that we have some of the highest numbers per capita going to football games. There is huge interest in our national football team, particularly now that we have such an exciting product to see, and it is good to be able to watch your heroes play. We have made huge strides in the promotion and viewing of women’s football; thank goodness we have free-to-air access to the Scotland women’s football team—it is great that that opportunity is afforded. We are trying to make football a community-based interest, and sitting around with the family to watch free-to-air football competitions is a healthy thing to do. I just wish that we could do it more.

The current lack of opportunities to watch Scottish international football on free-to-air broadcast is letting down fans in Scotland, who are at a disadvantage compared with fans in England and, for now, Wales. Wales has a curious arrangement, which the Committee found very attractive. It gets permission from Sky to show matches on the Welsh-language station, so people are able to watch their football team, albeit that they are listening in Welsh, which I am pretty certain is not a huge distraction for Scottish football fans.

[Dr Whitford]

We have Alba.

[Pete Wishart]

As my hon. Friend the Member for Central Ayrshire (Dr Whitford) says, we have BBC Alba. Could something be done to see whether a similar arrangement could be made? There are a number of ways to explore this issue, but the current situation cannot go on.

The last indignity is that when we all sit down to watch the football at 5 o’clock on Saturday evening—I know that all my colleagues will be shouting on Scotland to ensure that we stay in a dominant position in group A —and turn on the BBC or Channel 4, it will be the England game that is on. We are not able to see our national football team, but we also have the indignity of being forced to watch another nation’s match. That is a huge disadvantage for my hon. Friends, who I know are great football fans, so it has to be sorted out.

We on the Committee were disappointed by the Government’s response to our report. There was a sense that they recognised the issue, but they did not express great sympathy for our situation. They suggested that it was nothing to do with them and that there was nothing they could do to resolve it.

I want to say one more thing, which is down to my hon. Friend the Member for Paisley and Renfrewshire North (Gavin Newlands), who has done a power of work on all this, as I am sure colleagues recognise. My hon. Friend has got everybody together and made sure that roundtables have been put together so that this issue can be discussed. He has built great relationships, formed real alliances with football fans and the Scottish Football Association, and got everybody together. Everybody is working together; we just need the Government to engage a bit more in order to help us sort this out. It is not good enough to say that it is all a matter for the Scottish Government, because broadcasting is a reserved issue. It is really a matter for the Government to fix, to ensure that we get the same access that everybody else does across the whole United Kingdom. Let us see what we can do to fix this. I know we are all looking forward to seeing what the team can do on Saturday.

I am conscious that I have said a lot about our report, and I will be interested to hear what the Minister has to say in response. What we have found is that things are relatively good just now, notwithstanding some of the issues we have identified—particularly the tricky issue of the relationship with Amazon. Viewers in Scotland are now able to see more content in a variety of different ways—more than they have been in the past. It is a great difference even from when I was a new Member, 20 years ago. There is now much more opportunity for people to enjoy broadcast television. Satisfaction rates with the BBC started from a low base and have improved, which is something else that we noted in our report, so there is a sense that the public sector broadcasters are responding to what Scottish people want and to their viewing habits.

Scottish viewers want to see much more Scottish content. When they turn on the television, they want to see their national life and culture reflected, and we are increasingly getting to that position. Innovations such as “The Nine” on the BBC have been fantastic. We now have STV giving a news service at 6 o’clock. I remember the conversations we had historically here about a “Scottish Six”, and we now have that “Scottish Six”, albeit delivered by Scottish Television. I think that is welcomed by Scottish viewers.

We are in a reasonably good place. There are difficulties. I am grateful to the Government for their response to some of the things we have highlighted, but I think they could do so much more, particularly on Scottish football. I look forward to the Minister’s closing remarks.

[John Nicolson (Ochil and South Perthshire) (SNP)]

On this occasion, it actually is a pleasure to serve under your chairmanship, Mr Efford. I commend my colleagues on the Scottish Affairs Committee—well, at least some of them—on their excellent work. The report on Scottish broadcasting was thorough, and their recommendations are extremely helpful.

I absolutely support the Committee’s call to establish, in short order, an inter-ministerial group on media and culture, as has been agreed, to enhance co-ordination between Governments across those briefs, especially around broadcasting. As we have heard, the matter is reserved to Westminster, so it is vital that our colleagues in the Scottish Government, especially the Cabinet Secretary, are able to input their knowledge and expertise on a regular, ongoing basis.

As we have heard, it is fairly clear that, as far as televised sport goes, Scotland isnae getting a fair kick of the ball, given that English and Welsh games are on free to air. I think my hon. Friend the Member for Perth and North Perthshire (Pete Wishart) mentioned in his speech that English and Welsh games are free to air, while Scottish men’s team games are seldom allowed the same prominence.

I am well aware of how important local, regional and national news is for democracy. In Scotland, “STV News” plays a huge part in informing the electorate and providing credible news that can form the basis of public discourse. My hon. Friend the Member for Perth and North Perthshire mentioned the separate “Scottish Six”, which we now have along with a separate “Scottish Nine”. When I was on the Select Committee the first time around, I argued strenuously for a separate “Scottish Six” because, as a journalist myself, it seemed obvious that news should be based on news merit. If the main story of the day is a national Scottish one, that leads. If it is British, that leads. If it is international, that leads. No one in radio news or in a newspaper would ever dream of leading only on Scottish stories—it is unbelievably parochial. News should be based on merit.

I was delighted that my friends in the Select Committee agreed with this proposal cross party. I have to say that the Scottish Tories literally went into meltdown when they discovered that their colleagues south of the border had accepted this conclusion, when they had argued that a full hour of Scottish news would be SNP propaganda—how patronising to BBC journalists! In fact, the opposite is the case: it gives more time for scrutiny of the Scottish Government, which I happen to think is a very good thing.

[Dr Whitford]

Is it not the case that it is not just about what the lead story is, whether it is Scottish, UK or international? There will be different views and perspectives on British or international news from Scotland, Wales and Northern Ireland. It is about having the lens the public want on big stories, regardless of where those are from.

[John Nicolson]

I think that is true. Obviously, Irish viewers will sometimes have different views on international stories than German viewers. It is common sense. One slight disappointment about “The Nine”, which is a terrific news programme, is that they are not using as many correspondents sent from Scotland to cover international stories as I would perhaps hope for.

My hon. Friend the Member for Perth and North Perthshire also mentioned the issue of prominence. One problem for the BBC Scotland channel is how hard it is to find. Although, as BBC Scotland itself points out, it does better in terms of viewing figures than Sky, for example, it could do much better if it was easier to find. There is something clearly absurd about the fact that, when we run down that wee box looking for news channels, Talk TV is about No. 4. It is utterly ridiculous. We see the BBC, STV, ITV and Channel 4, and then there is Talk TV, with somebody ranting away about some crazy Brexit conspiracy theory for hour after hour. It is not news, and it should not be. We have had this argument with Ofcom about GB News and Tory MPs who seem to go in a revolving door from the House of Commons to interview other Tory MPs about fantastic good-news Tory stories. Obviously, it is something that Ofcom should be interfering with; it should enforce its own rules. Certainly, that should not be given the prominence that it is, and in Scotland the BBC Scotland channel should be given far greater prominence.

The draft Media Bill includes lots of really good things that are absolutely necessary—among them, prominence for the languages of these islands, which is very healthy. Something that the Culture, Media and Sport Committee, which Mr Efford and I are members of, is about to cover is how to protect and encourage the indigenous languages of these islands. The Media Bill encourages that and gives due prominence to STV on smart televisions, set-top boxes and similar. As we have heard, to fail to do so would risk a further diminution of the quality of information available to voters in Scotland. It is an interesting subject, and this is a very detailed report, which I commend to the crowds here in Westminster Hall listening to the debate.

The updated Media Bill is required, and I join the Scottish Affairs Committee in encouraging the UK Government to get on with it as soon as possible and to get it introduced into the Commons. We will engage with it in a constructive manner. Let us get this legislation, to catch up with the reality of broadcasting.

Oral Answers to Questions

Philippa Whitford Excerpts

Thursday 24th September 2020 Commons Chamber

[Oliver Dowden]

My hon. Friend makes a very important point. Our wonderful country houses are a real pillar of our cultural life. Indeed, I had a wonderful visit to Knebworth House in Hertfordshire, and I know what a central role they play not just as cultural institutions but as venues. As she will know, the Government have provided extensive support across the economy through furlough, business loans and VAT relief that will have benefited them, but of course we will continue to look at other proposals.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

What steps he is taking to help maintain access to international funding for the culture sector after the transition period.

[The Minister for Digital and Culture (Caroline Dinenage)]

By taking back control of our money, we are able to focus on spending that reflects the needs and ambitions of UK artists and creative professionals. This includes considering alternatives to former international funding programmes. We are committed to supporting our world-leading culture sector to continue to grow and flourish.

[Dr Whitford]

As we have already heard from Members in this Chamber this morning, the culture sector has been hit hard by the covid pandemic and many organisations are struggling to simply survive. EU membership is not a requirement of the programme, so why are the Government ending the UK’s membership of Creative Europe?

[Caroline Dinenage]

Creative Europe funds co-operation across cultural and audio-visual sectors, as the hon. Lady knows. The value of it is roughly £4 million a year. The Government decided that the UK would not continue to participate, but UK beneficiaries will continue to benefit from the programmes for the lifetime of their project, which in many cases runs beyond 2020. In the meantime, we are working in partnership with the devolved Administrations on domestic alternatives, which will be considered as part of the forthcoming spending review.

Draft Data Protection, Privacy and Electronic Communications (Amendments Etc.) (EU Exit) Regulations 2019

Philippa Whitford Excerpts

Thursday 14th February 2019 General Committees

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Evans. Obviously, we are rushing through hundreds of statutory instruments because of the threat of no deal and of exiting the EU in a rush in just over 40 days. Data flow is absolutely critical, not just for tech companies, but for how the public sector—or indeed, everything—functions. Getting it right is therefore critical.

I recognise that this has to be done, although it is disappointing that it is being done in a rush, because the public’s concern is about the flow of their personal data and whether it is maintained in a private fashion and protected. An issue that has been raised with me by EU citizens who have looked at applying for settled status is that in the small print at the end, it says that their data may be shared with public or private organisations in the UK or outside. It does not state who on this planet their data cannot be shared with—that might actually be a shorter list. That raises real concern because it is important data to do with their identity, background and HMRC records. It is important that people’s data is protected.

I recognise that the SI corrects paragraphs 76 and 201 of schedule 19 to the Data Protection Act 2018, but the key, as the Minister highlighted, is international transfer. The European Commission has carried out adequacy assessments on third countries, maintained ongoing monitoring and issued standard contractual clauses where protections are not sufficient. It has also monitored and supported that process on an ongoing basis. The Minister’s reference to Japan’s agreement, which was made after this draft instrument was laid, raises one of the key questions going forward: how will this be kept up to date as things change with the EU? We are talking about a massive recreation and duplication of that effort. Huge multinational companies transfer our data elsewhere in the world, and binding corporate rules and whether that data remains protected is another issue that concerns people.

All that will be put on the shoulders of the Secretary of State and the Information Commissioner. I echo the shadow Minister in querying the cost of this and how that cost will be covered, whether from businesses or from taxpayers. The explanatory memorandum mentions that the Government are looking to maintain data flows from the UK to the EU, but nothing in the draft instrument can compel data flows from the EU to the UK. Data flows are a two-way transfer. The loss of the commissioner’s position on the EDPB is significant.

Whether statutory instruments deal with drugs, blood products or medical devices, the sharing of information in both directions has been for the benefit of all our constituents. How will the new regime work going forward? How it will be funded? How will we ensure that we do not end up with gaps in data that expose us to dangers in the future?

--- Later in debate ---

[Margot James]

I thank hon. Members for their questions and comments. I will do my best to respond to them. I agree with the shadow Minister that the draft regulations are a wise precaution. He rightly mentioned that three quarters of our country’s international data flows are with other European Union member states. That is of course even more than the average for exports of other things, notably manufactured goods, which are almost 50% of our global trade.

I do not know whether the shadow Minister is concerned that, by locking into the GDPR, we will jeopardise our ability to strike trade deals with other countries. In previous debates, I have assured him that it is the Government’s intention that we continue to enjoy the benefits of the privacy and data rights that the GDPR has given British nationals, and we would not want to see those rights compromised by any trade deal in the future. The GDPR is becoming a gold standard for privacy and data rights globally—it is causing rising envy, certainly in the US.

The shadow Minister mentioned the age of consent, which is set at 13 in the Data Protection Act. That relates to the rights of young people to open accounts online. We have not reduced that age; we have set it. We set it within the band that the GDPR permits member states to set it. We were not alone in choosing 13; at least five other member states also set the age of digital consent at 13. He raised concerns, which I share, about some of the risks to young people online. We intend to address those through the White Paper we will publish shortly. I thank him and his team for the suggestions they have made to us over the past six months about what that White Paper should contain.

The shadow Minister asked about adequacy. He knows that we cannot guarantee adequacy, because it is in the EU’s gift rather than ours, but we have made it clear to the EU that we are ready to commence adequacy discussions just as soon as it is ready. We have had an indication from the Commission that, as long as we leave with a deal, it will be ready to start those discussions immediately. Given that we will be fully compliant at the moment of departure, it is highly likely that we will be able to conclude those discussions at the shorter end of the spectrum of times that adequacy discussions with third countries have taken in the past.

The shadow Minister asked about the contingencies we are making in the event of no deal. The ICO and officials in my Department have been working closely together, and the ICO has published approaches for both the public sector and industry in terms of the reach of the standard contractual clauses that will form a legal basis for transferring data in the event that we do not have an adequacy decision. Of course, if we left without a deal, we would not have an adequacy decision.

The hon. Member for Central Ayrshire asked whether EU citizens in her constituency and elsewhere in Scotland will continue to enjoy the same data rights and privacy. I can assure her that they will. They will have those rights as long as we leave with a deal. EU citizens’ rights are enshrined in the deal, and they will enjoy exactly the same provisions as citizens of this country, assuming we get that deal and implement these regulations. The regulations will preserve the GDPR’s extraterritorial approach in UK law.

[Dr Whitford]

Will the Minister therefore clarify—I understand that she might not be able to do so at this moment—why there is no reference to GDPR protection in the small print of the settled status scheme, other than a bald statement that people’s data can be shared pretty much with anybody?